Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PINKSTON v. BENSINGER

May 18, 1973

AARON PINKSTON, PLAINTIFF,
v.
PETER BENSINGER AND JOHN J. TWOMEY, DEFENDANTS.



The opinion of the court was delivered by: Bauer, District Judge.

MEMORANDUM OPINION AND ORDER

This cause comes on the defendants' motion either to dismiss the complaint or for summary judgment in their favor. The plaintiff is presently incarcerated in the Illinois State Penitentiary, Joliet Branch, Special Programs Unit, pursuant to a conviction by the Circuit Court of Cook County for armed robbery. Plaintiff was sentenced to serve from two to five years in the penitentiary on June 10, 1971.

The defendants are Peter B. Bensinger, former director of the Illinois Department of Corrections, and John J. Twomey, Warden of the Illinois State Penitentiary, Joliet Branch.

This is an action to redress an alleged deprivation of the plaintiff's civil rights guaranteed by the Civil Rights Act of 1870 and 1871, 42 U.S.C. § 1981 and 1983. The jurisdiction of this Court is predicated on 42 U.S.C. § 1981 and 1983 and 28 U.S.C. § 1331 and 1343(3).

The plaintiff in his complaint alleges the following deprivations of his constitutional rights:

  1.  He must sleep on a concrete base with a
      "filthy" mattress and with inadequate
      covering.
2.  The cell is dark, damp and chilly.
3.  Showers are infrequent.
4.  Medical attention is inadequate.
5.  He is served cold food.
  6.  He is not allowed privacy during visitation
      periods.
  7.  He is not allowed a shower or adequate
      clothing prior to visitation.
  8.  Recreation is limited to one-half hour per
      month.
  9.  He is not permitted an opportunity to take
      part in educational programs nor permitted
      ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.