ALBANY – A state prison program which requires inmates who commit lewd acts to wear a one-piece neon-green jumpsuit and have a sign hung above their cell door reading “exposer” does not violate their constitutional rights, a federal judge has ruled.

Northern District Judge Mae D'Agostino (See Profile) said any alleged abuses in the prison system's Lewd Conduct Program “were not sufficiently serious” to amount to an excessive risk to inmate Vincent Barrow's safety and health, as defined as necessary for an Eighth Amendment violation in Farmer v. Brennan, 511 U.S. 825 (1994).

D'Agostino upheld the more expansive report and recommendation made by U.S. Magistrate Judge Christian Hummel (See Profile) into Barrow's claim that the program violates constitutional protections against cruel and unusual punishment.