Federal Appeals Court has overturned lower court ruling allowing prisoner an air mattress. Michigan Criminal Defense Attorneys 1 866-766-5245

Appeals Court Deflates Prisoner’s Hopes

In September of 2013, the Michigan State Corrections Department was told by U.S. District Judge Arthur Tarnow that one prisoner, Richard Boone II, was permitted to have an air mattress in his cell. Prison officials had taken it away from him, deeming it unnecessary and when Boone threatened to commit suicide, Judge Tarnow ordered an injunction on his behalf.

But a federal appeals court has overturned that decision, letting the air out of Mr. Boone’s hopes, as it were.

But what is the reason for an air mattress in a prison cell, you may wonder? Pain management. Boone, who is serving time in Pugsley prison near Traverse City for armed robbery and assault, has a complicated medical history that includes having undergone a hip replacement surgery along with a major leg surgery at one point.

A private doctor recommended the use of an air mattress to help relieve pain, along with a leg brace. But after six months of a more comfortable sleeping arrangement, prison officials decided that diet and exercise were sufficient to promote healing and combat pain.

Assistant Attorney General Jim Farrell told the court that the reason for this was because prison mattresses were inferior and uncomfortable, and that it only made sense that, given any excuse to trade up for something more comfy, anyone would do it. But that, he feels is a slippery slope. Give in to one and you’ll end up having to give in to all of them. And with 44,000 prisoners, that could cost the state a bundle.

Prisoner willing to pay out of pocket for his mattress

Boone, however, released a statement saying that he was willing to pay out of pocket for his mattress – which will cost about $39. In his statement he explained that he wasn’t looking for preferential treatment, but rather, basic human decency. In addition, he expressed a concern about having to return to the use of narcotics to manage his pain, which in the past had caused him to battle with substance abuse issues. He is also suing the prison officials, claiming that his treatment is inhumane.

But it looks like the appeals court has decided that diet and exercise, along with the substantial number of medical interventions already provided by the prison, will have to suffice. In a 3 to 0 decision, the court overturned Judge Tarnow’s decision, saying that he hadn’t followed the correct procedure for an injunction in the first place. In addition, the court also feels that Boone is unlikely to win his lawsuit, as the prison has already provided him with a bottom bunk, a sleep apnea machine, an earlier meal time, a soft foot brace, and a number of prescription medications, which could hardly be called inhumane treatment.

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