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United States Court of Appeals for the Second Circuit - 453 F.2d 12
The Attica Correctional Facility prisoners are seeking accountability from the State for events that occurred during and after a four-day riot resulting in the death of 43 people. The plaintiffs' counsel requested an injunction against the interrogation of inmates without the presence of counsel and the appointment of federal monitors to ensure compliance. The district court denied the plaintiffs' request for an injunction against interrogating prisoners without counsel present, but the court found that the mistreatment of inmates violated their Eighth Amendment rights and may be enjoined where there is a danger of recurrent violation. The court concluded that preliminary injunctive relief should have been granted against further physical abuse, torture, beatings, or similar conduct against vulnerable prisoners. The court determined that a class action is appropriate for the prayer for injunctive relief against brutality or the threat of it, and reversed the district court's order denying the appellants' application to maintain the suit as a class action. The district court is directed to issue a preliminary injunction against such conduct and consider specific measures to implement the injunction, including the appointment of federal monitors to serve at Attica.
Judge Lumbard agrees with Judge Mansfield but disagrees with Judge Oakes regarding the provision of counsel for prisoners prior to interrogation. He believes that an injunction can only be issued if there is a real probability of continued physical abuse or harassment. The case states that Miranda v. Arizona does not require the state to conduct its investigation in any particular way or give specific warnings to all persons who may be interrogated during an investigation. Miranda only requires that a defendant's statement cannot be used against them unless they have been given certain warnings and have knowingly chosen to speak with or without counsel. The state may choose to give warnings to some and not to others based on who would serve as a witness or a defendant.
The Legal Aid Society has modified its request for relief in the Attica inmates mistreatment case to allow each inmate to consult with a Legal Aid Society lawyer before or during interrogation by state officials. Inmates may not have communicated their true wishes due to fear of harassment, abuse, disciplinary reprisal, or effects on parole. The arbitrary deprivation of "good time" credits in the past may have affected the voluntariness of inmates' choices to seek or not seek counsel. The relief sought is a consultation to determine whether an inmate should exercise their right to consult counsel before being interrogated by state officials considering prosecution, as established in Miranda v. Arizona and Escobedo v. Illinois. Precedent exists for granting such relief.
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