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Pamela Smart Sues After Sexy Jail Pix

NY- “To Die For” role model Pamela Smart, the treacherous school teacher who conned a teen lover into killing her husband, now claims the treatment she got in a New York prison was cruel.

In an explosive federal lawsuit, Smart, 38, accuses authorities of punishing her unfairly after photos of her posing half-naked in a prison cell turned up in a supermarket tabloid, the Daily News has learned.

Smart spent 70 days in lockdown in 2003 after the National Enquirer published pictures she claims were taken by a prison guard who she alleges sexually assaulted her and raped another inmate.

“What happened is somebody wanted to make money and they made it at my expense,” Smart complained.

The New Hampshire school teacher sued the prison guard and New York prison officials in 2004, claiming that placing her in solitary violated her civil rights and amounted to cruel and unusual punishment.

She said her time in solitary cost her $85.14 in wages lost from her job as a prison teacher’s aide. Her suit seeks the back pay as well as unspecified monetary damages.

“I’m isolated in my room,” Smart whined during a 2003 hearing at the Bedford Hills prison in Westchester, where she’s been in maximum security for the past 10 years as part of a program in which New York houses prisoners from other states.

“I can’t even take a shower but three times a week,” she added. “I have to wash in a bucket. I can’t work…. I can’t do anything because they have me in this status here as retaliation for the fact that the facility is mad about what happened.”

Smart says a friend of the prison guard, who was later transferred, sold the photos, which were taken in 2001, the year she says she was sexually assaulted.

This past week, state Attorney General Eliot Spitzer filed papers in Manhattan Federal Court seeking to have Smart’s suit dismissed.

Smart was 22 when she convinced her 15-year-old lover, William Flynn, and his pals to kill her husband, Gregory Smart, in 1990. Prosecutors said Smart was afraid of losing her condo and a dog in a divorce.

Nicole Kidman played Smart in the 1995 movie loosely based on the killing.

Smart is serving a term of life without parole in New York because New Hampshire does not have a maximum-security facility for women. Smart says she was freed from 23-hour-a-day lockdown in August 2003 only after inmate advocates along with Sen. John Sununu (R-N.H.) intervened on her behalf.

She questioned why she was not put in protective custody in 1996 when two Bedford Hills inmates assaulted her for allegedly reporting their prison affair to a superintendent. Nor were inmates who had sex with guards put in protective status, she said.

“There have been inmates inside this facility who have gotten pregnant from officers and they don’t go to involuntary protective custody,” Smart said.

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