bell wolfish argued january decided may respondent inmates brought class action federal district challenging constitutionality numerous conditions confinement practices metropolitan correctional center mcc federally operated custodial facility new york city designed primarily house pretrial detainees district various constitutional grounds enjoined inter alia practice housing primarily sleeping purposes two inmates individual rooms originally intended single occupancy enforcement rule prohibiting inmates receiving books mailed directly publishers book clubs bookstores prohibition inmates receipt packages food personal items outside institution practice searches inmates following contact visits persons outside institution requirement pretrial detainees remain outside rooms routine inspections mcc officials appeals affirmed rulings holding respect practice mcc failed make showing compelling necessity sufficient justify practice held practice deprive pretrial detainees liberty without due process law contravention fifth amendment pp source constitution appeals standard neither presumption innocence due process clause fifth amendment pretrial detainee right free punishment provides basis standard pp evaluating constitutionality conditions restrictions pretrial detention implicate protection deprivation liberty without due process law proper inquiry whether conditions restrictions amount punishment detainee absent showing expressed intent punish particular condition restriction reasonably related legitimate nonpunitive governmental objective without amount punishment conversely condition restriction arbitrary purposeless may permissibly infer purpose governmental action punishment may constitutionally inflicted upon detainees qua detainees addition ensuring detainees presence trial effective management detention facility individual confined valid objective may justify imposition conditions restrictions pretrial detention dispel inference conditions restrictions intended punishment pp judged analysis record practiced mcc matter law amount punishment hence violate respondents rights due process clause fifth amendment may taxed equipment particular facilities certain common areas mcc mean conditions mcc failed meet standards required constitution particularly appears nearly pretrial detainees released within days pp rule searches prohibition receipt packages rule violate constitutional guarantees pp simply prison inmates retain certain constitutional rights mean rights subject restrictions limitations must mutual accommodation institutional needs objectives provisions constitution general application wolff mcdonnell principle applies equally pretrial detainees convicted prisoners maintaining institutional security preserving internal order discipline essential goals may require limitation retraction retained constitutional rights convicted prisoners pretrial detainees since problems arise operation corrections facility susceptible easy solutions prison administrators accorded deference adoption execution policies practices judgment needed preserve internal order discipline maintain institutional security pp rule violate first amendment rights mcc inmates rational response prison officials obvious security problem preventing smuggling contraband books sent outside moreover rule operates neutral fashion without regard content expression alternative means obtaining reading material rule impact pretrial detainees limited maximum period approximately days pp restriction receipt packages outside facility deprive pretrial detainees property without due process law contravention fifth amendment especially view obvious fact packages handy devices smuggling contraband pp assuming pretrial detainee retains diminished expectation privacy commitment custodial facility rule violate fourth amendment simply facilitates safe effective performance searches thus render searches unreasonable within meaning amendment pp similarly assuming pretrial detainees retain fourth amendment rights upon commitment corrections facility searches violate amendment balancing significant legitimate security interests institution inmates privacy interests searches conducted less probable cause unreasonable pp none security restrictions practices described constitute punishment violation rights pretrial detainees due process clause fifth amendment restrictions practices reasonable responses mcc officials legitimate security concerns event limited duration far pretrial detainees concerned pp rehnquist delivered opinion burger stewart white blackmun joined powell filed opinion concurring part dissenting part post marshall filed dissenting opinion post stevens filed dissenting opinion brennan joined post deputy solicitor general frey argued cause petitioners briefs solicitor general mccree assistant attorney general heymann kent jones sidney glazer phylis skloot bamberger argued cause respondents brief william hellerstein david gottlieb michael mushlin briefs amici curiae urging affirmance filed jack greenberg james nabrit iii joel berger naacp legal defense educational fund ralph knowles alvin bronstein national prison project american civil liberties union foundation justice rehnquist delivered opinion past five terms several decisions considered constitutional challenges prison conditions practices convicted prisoners case requires us examine constitutional rights pretrial persons charged crime yet tried charge parties concede ensure presence trial persons legitimately may incarcerated government prior determination guilt innocence infra see scope rights period confinement prior trial primary focus case lawsuit brought class action district southern district new york challenge numerous conditions confinement practices metropolitan correctional center mcc federally operated custodial facility new york city designed primarily house pretrial detainees district words appeals second circuit intervened broadly almost every facet institution enjoined fewer mcc practices constitutional statutory grounds appeals largely affirmed district constitutional rulings process held due process clause fifth amendment pretrial detainees may subjected restrictions privations inhere confinement justified compelling necessities jail administration wolfish levi quoting rhem malcolm granted certiorari consider important constitutional questions raised decisions resolve apparent conflict among circuits reverse mcc constructed replace converted waterfront garage west street served new york city federal jail since located adjacent foley square federal courthouse primary objective housing persons detained custody prior trial federal criminal offenses district courts southern eastern districts new york district new jersey bail reform act person federal system committed detention facility less drastic means reasonably ensure presence trial addition pretrial detainees mcc also houses convicted inmates awaiting sentencing transportation federal prison serving generally relatively short sentences service capacity mcc convicted prisoners lodged facility writs habeas corpus ad prosequendum ad testificandum issued ensure presence upcoming trials witnesses protective custody persons incarcerated contempt mcc differs markedly familiar image jail barred cells dank colorless corridors clanging steel gates intended include advanced innovative features modern design detention facilities appeals stated represented architectural embodiment best progressive penological planning key design element structure modular unit concept whereby floor designed house inmates one two largely residential units replace traditional cellblock jail construction unit turn several clusters corridors private rooms dormitories radiating central multipurpose common room inmate free access approximately hours day analysis turn particulars mcc concept design need discuss mcc opened august planned capacity inmates increase former west street facility despite dormitory accommodations mcc designed primarily house inmates rooms originally intended single occupancy mcc construction however number persons committed pretrial detention began rise unprecedented rate ibid bureau prisons took several steps accommodate unexpected flow persons assigned facility despite efforts inmate population mcc rose planned capacity within short time opening provide sleeping space increased population mcc replaced single bunks many individual rooms dormitories double bunks also week newly arrived inmates sleep cots common areas transferred residential rooms space became available see november less four months mcc opened named respondents initiated action filing district petition writ habeas corpus district certified case class action behalf persons confined mcc pretrial detainees sentenced prisoners alike petition served veritable potpourri complaints implicated virtually every facet institution conditions practices respondents charged inter alia deprived statutory constitutional rights overcrowded conditions undue length confinement improper searches inadequate recreational educational employment opportunities insufficient staff objectionable restrictions purchase receipt personal items books two opinions series orders district enjoined numerous mcc practices conditions respect pretrial detainees held presumed innocent held ensure presence trial deprivation restriction rights beyond necessary confinement alone must justified compelling necessity ex rel wolfish levi supp quoting detainees brooklyn house detention malcolm acknowledging rights sentenced inmates measured different standard eighth amendment declared house inferior minority persons ways found unconstitutional rest amount cruel unusual punishment ex rel wolfish supp applying standards partial summary judgment district enjoined practice housing two inmates individual rooms prohibited enforcement rule time ruling prohibited receipt books magazines mailed outside mcc except sent directly publisher book club trial remaining issues district enjoined inter alia doubling capacity dormitory areas use common rooms provide temporary sleeping accommodations prohibition inmates receipt packages containing food items personal property practice requiring inmates expose body cavities visual inspection following contact visits also granted relief favor pretrial detainees convicted inmates respect requirement detainees remain outside rooms routine inspections mcc officials appeals largely affirmed district rulings although rejected eighth amendment analysis conditions confinement convicted prisoners parameters judicial intervention conditions sentenced prisoners restrictive case pretrial detainees accordingly remanded matter district determine whether housing sentenced inmates mcc constitutionally adequate appeals approved due process standard employed district enjoining conditions pretrial confinement therefore held mcc failed make showing compelling necessity sufficient justify housing two pretrial detainees individual rooms purposes review since petitioners challenge appeals rulings affirmed district granting relief rule practice conducting searches contact visits prohibition receipt packages food personal items outside institution requirement detainees remain outside rooms routine searches rooms mcc officials ii first step decision shall address referred parties since condition confinement alleged deprive pretrial detainees liberty without due process law contravention fifth amendment treat order appeals standard review analysis believe appeals employed conclusions analysis leads us case appeals dispute government may permissibly incarcerate person charged crime yet convicted ensure presence trial however reasoning premise individual treated innocent proven guilty concluded pretrial detainees retain rights afforded unincarcerated individuals therefore sufficient conditions confinement pretrial detainees merely comport contemporary standards decency prescribed cruel unusual punishment clause eighth amendment rather held due process clause requires pretrial detainees subjected restrictions privations inhere confinement justified compelling necessities jail administration quoting rhem malcolm appeals compelling necessity standard deprivation rights detainees justified cries fiscal necessity administrative convenience cold comfort conditions jails worse acknowledged however ignore admonition procunier martinez courts ill equipped deal increasingly urgent problems prison administration concluded wise expert administrators matters better informed fundamental disagreement appeals fail find source constitution standard appeals district seem relied presumption innocence source detainee substantive right free conditions confinement justified compelling necessity accord campbell mcgruder app detainees brooklyn house detention malcolm rhem malcolm supra see feeley sampson hampton holmesburg prison officials presumption innocence provides support rule presumption innocence doctrine allocates burden proof criminal trials also may serve admonishment jury judge accused guilt innocence solely evidence adduced trial basis suspicions may arise fact arrest indictment custody matters introduced proof trial taylor kentucky see estelle williams winship wigmore evidence ed inaccurate shorthand description right accused remain inactive secure prosecution taken burden produced evidence effected persuasion assumption indulged absence contrary evidence taylor kentucky supra without question presumption innocence plays important role criminal justice system principle presumption innocence favor accused undoubted law axiomatic elementary enforcement lies foundation administration criminal law coffin application determination rights pretrial detainee confinement trial even begun appeals also relied termed indisputable rudiments due process fashioning test doubt due process clause protects detainee certain conditions restrictions pretrial detainment see infra nonetheless clause provides basis application standard conditions pretrial confinement alleged infringe specific guarantee constitution important focus issue concerned initial decision detain accused curtailment liberty decision necessarily entails see gerstein pugh marion neither respondents courts question government may permissibly detain person suspected committing crime prior formal adjudication guilt see gerstein pugh supra doubt government substantial interest ensuring persons accused crimes available trials ultimately service sentences confinement persons pending trial legitimate means furthering interest tr oral arg see stack boyle instead issue aspect pretrial detention alleged violate express guarantee constitution challenged detainee right free punishment see infra understandable desire comfortable possible confinement may conceivably coalesce point seems clear appeals rely detainee right free punishment even right warrant adoption test see infra extent relied detainee desire simply discomfort suffices say desire simply rise level fundamental liberty interests delineated cases roe wade eisenstadt baird stanley illinois griswold connecticut meyer nebraska evaluating constitutionality conditions restrictions pretrial detention implicate protection deprivation liberty without due process law think proper inquiry whether conditions amount punishment detainee due process clause detainee may punished prior adjudication guilt accordance due process law see ingraham wright kennedy wong wing person lawfully committed pretrial detention adjudged guilty crime judicial determination probable cause prerequisite extended restraint liberty following arrest gerstein pugh supra see virginia paul detained suspected violation federal law also bail hearing see circumstances government concededly may detain ensure presence trial may subject restrictions conditions detention facility long conditions restrictions amount punishment otherwise violate constitution every disability imposed pretrial detention amounts punishment constitutional sense however government exercised conceded authority detain person pending trial obviously entitled employ devices calculated effectuate detention traditionally meant confinement facility matter modern antiquated results restricting movement detainee manner restricted simply free walk streets pending trial whether called jail prison custodial center purpose facility detain loss freedom choice privacy inherent incidents confinement facility fact detention interferes detainee understandable desire live comfortably possible little restraint possible confinement convert conditions restrictions detention punishment recognized distinction punitive measures may constitutionally imposed prior determination guilt regulatory restraints may see kennedy supra flemming nestor cf de veau braisted kennedy supra examined automatic provisions immigration laws determine whether sanction amounted punishment mere regulatory restraint impossible compress distinction sentence paragraph described tests traditionally applied determine whether governmental act punitive nature whether sanction involves affirmative disability restraint whether historically regarded punishment whether comes play finding scienter whether operation promote traditional aims punishment retribution deterrence whether behavior applies already crime whether alternative purpose may rationally connected assignable whether appears excessive relation alternative purpose assigned relevant inquiry may often point differing directions footnotes omitted factors identified provide useful guideposts determining whether particular restrictions conditions accompanying pretrial detention amount punishment constitutional sense word must decide whether disability imposed purpose punishment whether incident legitimate governmental purpose see flemming nestor supra absent showing expressed intent punish part detention facility officials determination generally turn whether alternative purpose restriction may rationally connected assignable whether appears excessive relation alternative purpose assigned kennedy supra see flemming nestor supra thus particular condition restriction pretrial detention reasonably related legitimate governmental objective without amount punishment conversely restriction condition reasonably related legitimate goal arbitrary purposeless permissibly may infer purpose governmental action punishment may constitutionally inflicted upon detainees qua detainees see ibid courts must mindful inquiries spring constitutional requirements judicial answers must reflect fact rather idea best operate detention facility cf lovasco russell one point requires discussion petitioners assert respondents concede essential objective pretrial confinement insure detainees presence trial brief petitioners see brief respondents interest undoubtedly justifies original decision confine individual manner accept respondents argument government interest ensuring detainee presence trial objective may justify restraints conditions decision lawfully made confine person government confine otherwise infringe liberty detainees extent necessary ensure presence trial house arrest end constitutionally justified form detention campbell mcgruder app government also legitimate interests stem need manage facility individual detained legitimate operational concerns may require administrative measures go beyond strictly speaking necessary ensure detainee shows trial example government must able take steps maintain security order institution make certain weapons illicit drugs reach detainees restraints reasonably related institution interest maintaining jail security without constitute unconstitutional punishment even discomforting restrictions detainee experienced released awaiting trial need attempt detail precise extent legitimate governmental interests may justify conditions restrictions pretrial detention enough simply recognize addition ensuring detainees presence trial effective management detention facility individual confined valid objective may justify imposition conditions restrictions pretrial detention dispel inference restrictions intended punishment judged analysis respondents claim violated due process rights fails neither district appeals intimated considered constitute punishment instead found contravened test today reject record convinced matter law practiced mcc amount punishment therefore violate respondents rights due process clause fifth amendment rooms mcc house pretrial detainees total floor space approximately square feet designated see supra contains double bunkbed certain items furniture wash basin uncovered toilet inmates generally locked rooms brief periods afternoon evening head counts rest day may move freely rooms common areas based affidavits personal visit facility district concluded practice unconstitutional relied two factors conclusion fact rooms designed house one inmate judgment confining two persons one room cell size constituted fundamental denia decency privacy personal security simply civilized humanity appeals agreed district response petitioners arguments rooms mcc larger pleasant cells involved cases relied district appeals stated find lack privacy inherent rooms intended one individual far compelling consideration comparison square footage substitution doors bars carpet concrete windows walls government simply failed show substantial justification detainees required spend seven eight hours day rooms presumably sleeping rooms provide adequate space sleeping remainder time detainees free move rooms common area may taxed equipment particular facilities certain common areas ex rel wolfish mean conditions mcc failed meet standards required constitution conclusion regard buttressed detainees length stay mcc see hutto finney nearly detainees released within days see supra simply believe requiring detainee share toilet facilities admittedly rather small sleeping place another person generally maximum period days violates constitution iii respondents also challenged certain mcc restrictions practices designed promote security order facility ground restrictions violated due process clause fifth amendment certain constitutional guarantees first fourth amendments appeals seemed approach challenges security restrictions fashion different contested conditions restrictions stated determined mere fact confinement detainee justifies restrictions institution must permitted use reasonable means insure legitimate interests security safeguarded might disagree choice means effectuate interests expert administrators matters better informed concern minutiae prison administration distract detached consideration one overriding question presented practice condition violate constitution nonetheless affirmed district injunction several security restrictions rejected arguments petitioners practices served mcc interest security order held practices unjustified interferences retained constitutional rights detainees convicted inmates view appeals failed heed admonition prison administrators cases established several general principles inform evaluation constitutionality restrictions issue first held convicted prisoners forfeit constitutional protections reason conviction confinement prison see jones north carolina prisoners labor union meachum fano wolff mcdonnell pell procunier iron curtain drawn constitution prisons country wolff mcdonnell supra example cases held sentenced prisoners enjoy freedom speech religion first fourteenth amendments see pell procunier supra cruz beto cooper pate protected invidious discrimination basis race equal protection clause fourteenth amendment see lee washington may claim protection due process clause prevent additional deprivation life liberty property without due process law see meachum fano supra wolff mcdonnell supra fortiori pretrial detainees convicted crimes retain least constitutional rights held enjoyed convicted prisoners cases also insisted second proposition simply prison inmates retain certain constitutional rights mean rights subject restrictions limitations lawful incarceration brings necessary withdrawal limitation many privileges rights retraction justified considerations underlying penal system price johnston see jones north carolina prisoners labor union supra wolff mcdonnell supra pell procunier supra fact confinement well legitimate goals policies penal institution limits retained constitutional rights jones north carolina prisoners labor union supra pell procunier supra must mutual accommodation institutional needs objectives provisions constitution general application wolff mcdonnell supra principle applies equally pretrial detainees convicted prisoners detainee simply possess full range freedoms unincarcerated individual third maintaining institutional security preserving internal order discipline essential goals may require limitation retraction retained constitutional rights convicted prisoners pretrial detainees entral corrections goals institutional consideration internal security within corrections facilities pell procunier supra see jones north carolina prisoners labor union supra procunier martinez prison officials must free take appropriate action ensure safety inmates corrections personnel prevent escape unauthorized entry accordingly held even institutional restriction infringes specific constitutional guarantee first amendment practice must evaluated light central objective prison administration safeguarding institutional security jones north carolina prisoners labor union supra pell procunier supra procunier martinez supra finally appeals correctly acknowledged problems arise operation corrections facility susceptible easy solutions prison administrators therefore accorded deference adoption execution policies practices judgment needed preserve internal order discipline maintain institutional security jones north carolina prisoners labor union supra procunier martinez supra cruz beto supra see meachum fano considerations peculiarly within province professional expertise corrections officials absence substantial evidence record indicate officials exaggerated response considerations courts ordinarily defer expert judgment matters pell procunier observe occasion prison administrators may experts act congress state legislature judicial deference accorded merely administrator ordinarily matter fact particular case better grasp domain reviewing judge also operation correctional facilities peculiarly province legislative executive branches government judicial procunier martinez supra cf meachum fano supra teachings cases mind turn examination mcc security practices alleged violate constitution time lower courts decisions bureau prisons rule applies bureau facilities permitted inmates receive books magazines outside institution materials mailed directly publisher book club warden mcc stated affidavit serious security administrative problems caused bound items received inmates unidentified sources outside facility app noted order make proper thorough inspection items prison officials remove covers hardback books leaf every page books magazines ensure drugs money weapons contraband secreted material search process take substantial inordinate amount available staff time ibid however relatively little risk material received directly publisher book club contain contraband therefore security problems significantly reduced without drastic drain staff resources ibid appeals rejected security administrative justifications affirmed district order enjoining enforcement rule mcc appeals held rule severely impressibly restricts reading material available inmates therefore violates first amendment due process rights desirable point place focus precise question subsequent decision appeals bureau prisons amended rule permit receipt books magazines bookstores well publishers book clubs fed reg codified cfr addition petitioners informed bureau proposes amend rule allow receipt paperback books magazines materials source brief petitioners bureau regards hardback books dangerous source risk institutional security however intends retain prohibition receipt hardback books unless mailed directly publishers book clubs bookstores accordingly petitioners request review district injunction extent enjoins petitioners prohibiting receipt books mailed directly publishers book clubs bookstores tr oral arg conclude prohibition receipt hardback books unless mailed directly publishers book clubs bookstores violate first amendment rights mcc inmates limited restriction rational response prison officials obvious security problem hardly needs emphasized hardback books especially serviceable smuggling contraband institution money drugs weapons easily may secreted bindings woods daggett also difficult search effectively simply evidence record indicate mcc officials exaggerated response security problem administrative difficulties posed necessity carefully inspecting book mailed unidentified sources therefore considered judgment experts must control absence prohibitions far sweeping involved see jones north carolina prisoners labor union pell procunier conclusion limited restriction receipt hardback books infringe first amendment rights mcc inmates influenced several factors rule operates neutral fashion without regard content expression alternative means obtaining reading material shown burdensome insufficient regard available alternative means communication relevant factor case called upon balance first amendment rights legitimate governmental interests quoting kleindienst mandel see cruz beto restriction us allows books magazines received source hardback books received publishers bookstores book clubs addition mcc relatively large library use inmates ex rel wolfish limited extent rule might possibly increase cost obtaining published materials held avenues remain available receipt materials inmates loss cost advantages fundamentally implicate free speech values see jones north carolina prisoners labor union supra also influenced decision fact rule impact pretrial detainees limited maximum period approximately days see supra sum considering circumstances view rule find reasonable time place manner regulatio necessary significant governmental interests grayned city rockford see cox new hampshire cox louisiana adderley florida inmates mcc permitted receive packages outside facility containing items food personal property except one package food christmas rule justified mcc officials three grounds first officials testified serious security problems arise introduction packages institution traditional file cake kind situation well concealment drugs heels shoes seams clothing app see case rule warden testified packages allowed inspection process necessary ensure security institution require substantial inordinate amount available staff time second officials concerned introduction personal property facility increase risk thefts gambling inmate conflicts problem see finally noted storage sanitary problems result inmates receipt food packages inmates permitted however purchase certain items food personal property mcc commissary district dismissed justifications dire predictions unconvinced asserted security problems institutions allow greater ownership personal property receipt packages mcc mcc permitted inmates purchase items commissary accept official fears increased theft gambling conflicts packages allowed finally believed sanitation assured proper housekeeping regulations accordingly ordered mcc promulgate regulations permit receipt least items kind available commissary appeals accepted district analysis affirmed although noted mcc place ceiling permissible dollar value goods received restrict number packages neither district appeals identified provision constitution violated mcc restriction assume present purposes decisions based due process clause fifth amendment provides protection convicted prisoners pretrial detainees alike deprivation property without due process law see supra stated due process rights prisoners pretrial detainees absolute subject reasonable limitation retraction light legitimate security concerns institution think district appeals trenched cavalierly areas properly concern mcc officials plain opinions lower courts simply disagreed judgment mcc officials extent security interests affected means required interests decisions time emphasized sort unguided substitution judicial judgment expert prison administrators matters inappropriate see jones north carolina prisoners labor union pell procunier procunier martinez doubt rule devised district modified appeals may reasonable way coping problems security order sanitation simply however constitutionally permissible approach problems certainly due process clause mandate lowest common denominator security standard whereby practice permitted one penal institution must permitted institutions corrections officials concluded permitting introduction packages personal property food increase risks gambling theft inmate fights institution already experienced permitting certain items purchased commissary enough say conclusively shown wrong view jones north carolina prisoners labor union also obvious packages handy devices smuggling contraband simply basis record concluding mcc officials exaggerated response serious problems restriction irrational therefore deprive convicted inmates pretrial detainees mcc property without due process law contravention fifth amendment mcc staff conducts unannounced searches inmate living areas irregular intervals searches generally formal unit shakedowns inmates cleared residential units team guards searches room prior district order inmates permitted watch searches officials testified permitting inmates observe room inspections lead friction inmates security guards allow inmates attempt frustrate search distracting personnel moving contraband one room another ahead search team district held procedure stand applied pretrial detainees mcc officials shown restriction justified compelling necessity stated least unless petitioners show pattern violence disruptions taxing powers control kind showing remotely approached warden expressions security argument banishing inmates rooms searched must rejected also noted many instances inmates suspected guards thievery appeals agreed district saw reason whatsoever permit detainee observe search room belongings reasonable distance although permitted removal detainee became obstructive appeals identify constitutional provision relied invalidating rule district stated rule infringed detainee interest privacy indicated interest privacy founded fourth amendment may well argued person confined detention facility reasonable expectation privacy respect room cell therefore fourth amendment provides protection person cf lanza new york case given realities institutional confinement reasonable expectation privacy detainee retained necessarily diminished scope assuming arguendo pretrial detainee retains diminished expectation privacy commitment custodial facility nonetheless find rule violate fourth amendment difficult see detainee interest privacy infringed rule one rationally doubt room searches represent appropriate security measure neither district appeals prohibited searches even zealous advocate prisoners rights suggest warrant required conduct search detainees drawers beds personal items may searched even lower courts rulings permitting detainees observe searches lessen invasion privacy conceivable beneficial effect prevent theft misuse conducting search rule simply facilitates safe effective performance search concede may conducted rule render searches unreasonable within meaning fourth amendment inmates bureau prisons facilities including mcc required expose body cavities visual inspection part strip search conducted every contact visit person outside institution corrections officials testified visual cavity searches necessary discover also deter smuggling weapons drugs contraband institution app district upheld procedure prohibited searches absent probable cause believe inmate concealing contraband petitioners proved one instance mcc short history contraband found search appeals affirmed view gross violation personal privacy inherent search government security interest maintaining practice little actual utility admittedly practice instinctively gives us pause however assuming present purposes inmates convicted prisoners pretrial detainees retain fourth amendment rights upon commitment corrections facility see lanza new york supra stroud nonetheless conclude searches violate amendment fourth amendment prohibits unreasonable searches carroll circumstances believe searches unreasonable test reasonableness fourth amendment capable precise definition mechanical application case requires balancing need particular search invasion personal rights search entails courts must consider scope particular intrusion manner conducted justification initiating place conducted ramsey terry ohio katz schmerber california detention facility unique place fraught serious security dangers smuggling money drugs weapons contraband common occurrence inmate attempts secrete items facility concealing body cavities documented record app cases ferraro park one instance mcc inmate discovered attempting smuggle contraband institution person may testament effectiveness search technique deterrent lack interest part inmates secrete import items opportunity arises underestimate degree searches may invade personal privacy inmates doubt district noted occasion security guard may conduct search abusive fashion abuse condoned searches must conducted reasonable manner schmerber california supra deal question whether visual inspections contemplated mcc rules ever conducted less probable cause balancing significant legitimate security interests institution privacy interests inmates conclude iv think four mcc security restrictions practices described part iii supra constitute punishment violation rights pretrial detainees due process clause fifth amendment neither district appeals suggested restrictions practices employed mcc officials intent punish pretrial detainees housed respondents even make suggestion simply argue restrictions greater necessary satisfy petitioners legitimate interest maintaining security brief respondents therefore determination whether restrictions practices constitute punishment constitutional sense depends whether rationally related legitimate nonpunitive governmental purpose whether appear excessive relation purpose see supra ensuring security order institution permissible nonpunitive objective whether facility houses pretrial detainees convicted inmates supra see supra reasons set forth part iii supra think particular restrictions practices reasonable responses mcc officials legitimate security concerns respondents simply met heavy burden showing officials exaggerated response genuine security considerations actuated restrictions practices see supra might expected restrictions applicable pretrial detainees restrictions limited duration far mcc pretrial detainees concerned see supra time long ago federal judiciary took completely approach problem prison administration recent years however courts largely discarded attitude waded complex arena deplorable conditions draconian restrictions nation prisons well known require recounting federal courts rightly condemned sordid aspects prison systems many courts name constitution become increasingly enmeshed minutiae prison operations judges human less others society natural tendency believe individual solutions often intractable problems better workable persons actually charged trained running particular institution examination constitution first question answered whose plan best branch government lodged authority initially devise plan mean constitutional rights scrupulously observed mean however inquiry federal courts prison management must limited issue whether particular system violates prohibition constitution case federal prison statute wide range judgment calls meet constitutional statutory requirements confided officials outside judicial branch government judgment appeals accordingly reversed case remanded proceedings consistent opinion ordered footnotes see norris frame campbell mcgruder app wolfish levi case feeley sampson main road aytch patterson morrisette miller carson duran elrod group nondetainees may comprise daily basis mcc population ex rel wolfish supp sdny prior district order mcc inmates spent less days facility less days ex rel wolfish levi supp sdny however unsentenced detainees half spent less days mcc released within month released within days wolfish levi supra residential rooms mcc designated time district order number rooms actually housing two inmates however never exceeded rooms units housed pretrial detainees brief petitioners brief respondents app affidavit larry taylor mcc warden dated appears named respondents may transferred released mcc see ex rel wolfish levi supra case belongs however narrow class cases termination class representative claim moot claims unnamed members class gerstein pugh see sosna iowa named respondents case controversy time complaint filed time class action certified district pursuant fed rule civ proc remains live controversy petitioners members class represented named respondents see sosna iowa supra finally temporary nature confinement mcc issues presented sosna gerstein capable repetition yet evading review see kremens bartley accordingly requirements art iii met case moot petitioners apparently never contested propriety respondents use writ habeas corpus challenge conditions confinement petitioners raise question however respondents plead alternative basis jurisdiction amended petition district namely arguably provides jurisdiction time relevant orders district case jurisdiction provided thus leave another day question propriety using writ habeas corpus obtain review conditions confinement distinct fact length confinement see preiser rodriguez see generally lake country estates tahoe regional planning agency similarly petitioners contest district certification case class action much reasons identified need case reach question whether fed rule civ proc providing class actions applicable petitions habeas corpus relief accordingly express opinion correctness district action regard see middendorf henry appeals described breadth action follows indication scope action amended petition also decried inadequate phone service strip searches room searches outside inmate presence prohibition receipt packages use personal typewriters interference monitoring personal mail inadequate arbitrary disciplinary grievance procedures inadequate classification prisoners improper treatment speaking inmates unsanitary conditions poor ventilation inadequate unsanitary food denial furloughs unannounced transfers improper restrictions religious freedom insufficient inadequately trained staff district rulings based constitutional grounds also held actions bureau prisons subject review administrative procedure act apa arbitrary capricious within meaning apa see infra district also enjoined confiscation inmate property prison officials without supplying receipt except specified circumstances reading inspection inmates outgoing incoming mail petitioners challenge rulings district also granted respondents relief following issues classification inmates movement units length confinement law library facilities commissary use personal typewriters social attorney visits telephone service inspection inmates mail inmate uniforms availability exercise inmates administrative detention food service access bathroom visiting area special diets muslim inmates women none rulings appeals held institution obligation eighth amendment end furnishes sentenced prisoners adequate food clothing shelter sanitation medical care personal safety appeals also held district reliance apa erroneous see supra appeals concluded bureau prisons enabling legislation vests broad discretionary powers attorney general administration federal prisons constitutes agency action committed agency discretion law exempt judicial review apa least absence breach specific statutory mandate see holding apa inapplicable case appeals reversed district rulings bathroom visiting area must kept unlocked prison officials must make certain level local telephone service available mcc inmates mcc must maintain unchanged present schedule social visits mcc must take commissary requests every day respondents cross petitioned appeals disposition district eighth amendment apa rulings although appeals held doubling capacity dormitories unlawful remanded district determine whether number inmates excess rated capacity suitably quartered within dormitories view changed conditions resulting litigation also remanded district reconsideration order limiting incarceration detainees mcc period less days reversed district rulings inmates permitted possess typewriters personal use rooms inmates required wear uniforms none rulings naacp legal defense educational fund amicus curiae argues federal courts inherent authority correct conditions pretrial confinement practices issue case violate attorney general alleged duty provide inmates suitable quarters brief naacp legal defense educational fund amicus curiae neither argument presented passed lower courts urged either party accordingly occasion reach case knetsch authority test cited three prior decisions rhem malcolm rhem detainees brooklyn house detention malcolm rhem malcolm rhem ii rhem support test came brenneman madigan supp nd cal turn cited cases support statement relevant test detainees found support standard shapiro thompson tate short williams illinois shelton tucker tate williams dealt equal protection challenges imprisonment based inability pay fines costs similarly shapiro concerned equal protection challenges state welfare eligibility requirements found violate constitutional right travel shelton held school board policy requiring disclosure personal associations violated first fourteenth amendment rights teacher none cases support test finally rhem ii merely relied rhem detainees order imprison person prior trial government must comply constitutional requirements gerstein pugh stack boyle applicable statutory provisions respondents allege government failed comply constitutional statutory requisites pretrial detention justification pretrial detention asserted government ensure detainees presence trial brief petitioners respondents question legitimacy goal brief respondents tr oral arg therefore occasion consider whether governmental objectives may constitutionally justify pretrial detention appeals properly relied due process clause rather eighth amendment considering claims pretrial detainees due process requires pretrial detainee punished sentenced inmate hand may punished although punishment may cruel unusual eighth amendment recognized distinction ingraham wright eighth amendment scrutiny appropriate state complied constitutional guarantees traditionally associated criminal prosecutions see lovett state acquire power punish eighth amendment concerned secured formal adjudication guilt accordance due process law state seeks impose punishment without adjudication pertinent constitutional guarantee due process clause fourteenth amendment justice stevens dissent claims holding constitutes departure prior due process cases specifically leis flynt paul davis post citations following textual statement indicate leave prior decisional law find simply apply case bar example wong wing held subjection persons punishment hard labor must preceded judicial trial establish guilt ingraham wright supra stated least school authorities acting color state law deliberately decide punish child misconduct restraining child inflicting appreciable physical pain hold fourteenth amendment liberty interests implicated emphasis supplied thus neither novelty inconsistency holding fifth amendment includes freedom punishment within liberty person may deprived without due process law course mean textual discussion rights pretrial detainees cast doubt historical exceptions general principle punishment follow determination guilt trial plea exceptions power summarily punish contempt see wilson bloom illinois barnett cooke ex parte terry fed rule crim proc bail reform act establishes liberal policy favor pretrial release section provides pertinent part person charged offense offense punishable death shall appearance judicial officer ordered released pending trial personal recognizance upon execution unsecured appearance bond amount specified judicial officer unless officer determines exercise discretion release reasonably assure appearance person required justice frankfurter stated lovett concurring opinion fact harm inflicted governmental authority make punishment figuratively speaking discomforting action may deemed punishment deprives otherwise enjoyed may reasons punitive deprivation say officials detention facility justify punishment simply say absence showing intent punish must look see particular restriction condition may face appear punishment instead incident legitimate nonpunitive governmental objective see kennedy flemming nestor retribution deterrence legitimate nonpunitive governmental objectives kennedy supra conversely loading detainee chains shackles throwing dungeon may ensure presence trial preserve security institution difficult conceive situation conditions harsh employed achieve objectives accomplished many alternative less harsh methods support conclusion purpose imposed punish course de minimis level imposition constitution concerned ingraham wright fact security measures may directly serve government interest ensuring detainee presence trial see feeley sampson determining whether restrictions conditions reasonably related government interest maintaining security order operating institution manageable fashion courts must heed warning uch considerations peculiarly within province professional expertise corrections officials absence substantial evidence record indicate officials exaggerated response considerations courts ordinarily defer expert judgment matters pell procunier see jones north carolina prisoners labor union meachum fano procunier martinez district found disputed issues material fact respect respondents challenge agree district determination respondents seem argue unreasonable petitioners able comply district order forbidding still accommodate increased numbers detainees simply transferring handful sentenced inmates assigned mcc purpose performing certain services committing tasks detainees brief respondents petitioners able comply district order fashion mean petitioners chosen method coping increased inmate population unreasonable governmental action alternative even best alternative reasonable say nothing constitutional see vance bradley dandridge williams petitioners able comply district order also make case moot petitioners still dispute legality order informed reasonable expectation may required reply brief petitioners tr oral arg see grant thus fail understand emphasis appeals district amount walking space rooms see respondents reliance lower decisions concerning minimum space requirements different institutions correctional standards issued various groups misplaced brief respondents nn see campbell mcgruder app battle anderson chapman rhodes supp sd ohio inmates suffolk county jail eisenstadt supp mass american public health standards health services correctional institutions american correctional manual standards adult correctional institutions standard national sheriffs handbook jail architecture cases cited respondents concerned facilities markedly different mcc involved traditional jails cells inmates locked day given factual disparity little application case hand thus need decide whether agree reasoning conclusions cases recommendations various groups may instructive certain cases simply establish constitutional minima rather establish goals recommended organization question reason draft recommendations federal corrections policy task force department justice regarding conditions confinement pretrial detainees determinative requirements constitution see dept justice federal corrections policy task force federal standards corrections draft june neither appeals district distinguished pretrial detainees convicted inmates reviewing challenged security practices see reason basis concluding pretrial detainees pose lesser security risk convicted inmates indeed may certain circumstances present greater risk jail security order see main road aytch federal system detainee committed detention facility less drastic means reasonably assure presence trial see result detained prior trial may many cases individuals charged serious crimes prior records also may pose greater risk escape convicted inmates see joint app nos pp may particularly true facilities like mcc resident convicted inmates sentenced short terms incarceration many detainees face possibility lengthy imprisonment convicted respondents argue cases holding substantial deference accorded prison officials applicable case decisions concerned convicted inmates pretrial detainees brief respondents disagree decisions held courts defer informed discretion prison administrators realities running corrections institution complex difficult courts ill equipped deal problems management facilities confided executive legislative branches judicial branch see jones north carolina prisoners labor union pell procunier procunier martinez cases concerned restrictions governing convicted inmates principle deference enunciated dependent happenstance said procunier martinez bears repeating prison administrators responsible maintaining internal order discipline securing institutions unauthorized access escape rehabilitating extent human nature inadequate resources allow inmates placed custody herculean obstacles effective discharge duties apparent warrant explication suffice say problems prisons america complex intractable point readily susceptible resolution decree require expertise comprehensive planning commitment resources peculiarly within province legislative executive branches government reasons courts ill equipped deal increasingly urgent problems prison administration reform judicial recognition fact reflects healthy sense realism ibid changes rule apparently occurred granted certiorari respondents citing sanks georgia urge dismiss writ certiorari improvidently granted respect validity rule modified brief respondents sanks however quite different instant case sanks events transpired probable jurisdiction noted drastically undermined premises originally set case plenary consideration lead us conclude due regard proper functioning adjudicate focus case completely blurred altogether obliterated judgment issues involved become potentially immaterial true unlike situation sanks government substituted entirely different regulatory scheme wholly abandoned restrictions invalidated still dispute blurred obliterated judgment immaterial petitioners merely chosen limit disagreement lower courts rulings also question posed fairly comprised within questions presented petition certiorari see pet cert hether governmental interest maintaining jail security order justifies rules prohibit receipt jail books magazines mailed directly publishers see rule course express view validity portions lower courts rulings concern magazines books district stated record untoward experience places like mcc history resort less restrictive measures petitioners invocation security avail respect high constitutional interests stake rejected line reasoning jones north carolina prisoners labor union stated responsible prison officials must permitted take reasonable steps forestall threat security must permitted act time compile dossier eve riot reject jones also emphasized informed discretion prison officials potential danger may sufficient limiting rights even though showing might unimpressive submitted justification governmental restriction personal communication among members general public emphasis added quoting pell procunier see procunier martinez general library consists hardback books include general reference texts fiction nonfiction works assorted paperbacks including fiction nonfiction mcc offers sale inmates four daily newspapers certain magazines joint app nos pp affidavit robert harris mcc education specialist dated paperback books magazines donated periodically distributed among units inmate use ex rel wolfish levi inmates permitted spend total per week per month commissary regard pretrial detainees note restriction affects generally maximum days see supra one correctional experts testified follows requirement prisoners immediate area obviously basis requirements security quite obvious group officers start searching process housing area mcc corridor area rooms typical jail cell block unless prisoners removed immediate area wide variety opportunities confiscation contraband prisoners may possession cells go toilet window swallowed wide variety methods confiscation contraband app district extend ruling convicted inmates asserted necessities need compelling since warden explanation problems posed certainly weightless practice passed constitutional test sentenced inmates may guards abused trust reposed failing treat personal possessions inmates appropriate respect even assuming instances abuses trust reached level constitutional violations action recover damages damage destruction particular items property challenge rule entirety lower courts enjoined enforcement practice analyzed context proper deference informed discretion prison authorities demands courts make difficult judgments reconcile conflicting claims affecting security institution welfare prison staff property rights detainees jones north carolina prisoners labor union inmate male must lift genitals bend spread buttocks visual inspection vaginal anal cavities female inmates also visually inspected inmate touched security personnel time visual search procedure brief petitioners district indicated view use metal detection equipment represented less intrusive equally effective alternative cavity inspections noted logic elaborate arguments raise insuperable barriers exercise virtually powers however assuming existence less intrusive alternatives relevant determination reasonableness particular search method issue alternative suggested district simply effective visual inspection procedure money drugs nonmetallic contraband still easily smuggled institution another possible alternative mentioned lower courts closely observe inmate visits see dept justice federal corrections policy task force federal standards corrections draft june mcc officials adopted visual inspection procedure alternative close constant monitoring contact visits avoid obvious disruption confidentiality intimacy visits intended afford choice shown irrational unreasonable another alternative might obviate need inspections abolish contact visits altogether appeals ruling challenged accordingly express opinion held pretrial detainees constitutional right contact visits see marcera chinlund see also miller carson note several lower courts upheld visual inspections constitutional challenge see daughtery harris cert denied hodges klein supp nj bijeol benson supp sd ind penn el riddle supp ed determining whether rule constitutes punishment consider rule present form light concessions made petitioners see supra district noted memorandum petitioners stated ith respect sentenced inmates restrictions possession personal property also serve legitimate purpose punishment see memorandum respondents civ sdny however petitioners relied three reasons discussed supra justify restriction view passing reference brief sentenced inmates supported citation record hardly amounts substantial confession error respect pretrial detainees referred district justice powell concurring part dissenting part join opinion except discussion holding respect searches view serious intrustion one privacy occasioned search think least level cause reasonable suspicion required justify anal genital searches described case therefore dissent issue justice marshall dissenting holds government may burden pretrial detainees almost restriction provided detention officials proclaim punitive intent impose conditions arbitrary purposeless ante standard sufficiently ineffectual dilutes according virtually unlimited deference detention officials justifications particular impositions conspicuously lacking analysis meaningful consideration relevant factor impact restrictions may inmates approach unsupportable given detainees presumptively innocent many confined solely afford bail view holding departs precedent purports follow precludes effective judicial review conditions pretrial confinement fundamentally believe proper inquiry context whether particular restraint labeled punishment rather due process challenges inquiry whether governmental interests served given restriction outweigh individual deprivations suffered premise analysis detainees unlike prisoners may punished determine particular disability imposed pretrial detention punishment invokes factors enunciated kennedy quoted ante footnotes omitted whether sanction involves affirmative disability restraint whether historically regarded punishment whether comes play finding scienter whether operation promote traditional aims punishment retribution deterrence whether behavior applies already crime whether alternative purpose may rationally connected assignable whether appears excessive relation alternative purpose assigned relevant inquiry may often point differing directions make detention officials intent critical factor assessing constitutionality impositions detainees unrealistic extreme cases relies justify narrow focus involve legislative acts administrative decisions see kennedy supra nationality act immigration nationality act flemming nestor social security act de veau braisted new york waterfront commission act discerning intent behind statutory enactment courts engage familiar judicial function usually benefit legislative history preceded passage statute motivation policies detention facilities however frequently matter public record detainees challenging policies therefore bear substantial burden establishing punitive intent basis circumstantial evidence retrospective explanations detention officials frequently may particularly since seems unwilling look behind justification based security burden usually prove insurmountable event often case officials believe erroneously good faith specific restriction necessary institutional security district noted zeal security among common varieties official excess ex rel wolfish levi supp sdny litigation area corroborates conclusion standard focuses punitive intent effectively eliminate excess indeed even attempt detail precise extent legitimate governmental interests may justify conditions restrictions pretrial detention ante rather content merely recognize effective management detention facility valid objective may justify imposition conditions restrictions pretrial detention dispel inference restrictions intended punishment ibid moreover even inquiry pursues productive simply one constitution mandates terms due process clause focuses nature deprivations persons inflicting concern vindicated effect conditions confinement intent behind must focal point constitutional analysis although professes go beyond direct inquiry regarding intent determine whether particular imposition rationally related nonpunitive purposes exercise best formality almost restriction detainees including concedes chains shackles ante found rational relation institutional security broadly effective management detention facility ante see feeley sampson coffin dissenting yet toothless standard applies irrespective excessiveness restraint nature rights infringed moreover fact reviewed rationality detention officials decisions requires instead majority affords deference officials adoption execution policies practices judgment needed preserve internal order discipline maintain institutional security ante reasoning security considerations jails little different prisons concludes cases requiring substantial deference prison administrators determinations issues equally applicable present context ante nn yet implicitly acknowledges ante rights detainees adjudicated guilty crime necessarily extensive prisoners found violated one criminal laws established society orderly governance jones north carolina prisoners union see campbell mcgruder app judicial tolerance substantial impositions detainees must concomitantly less however blindly deferring administrative judgments rational basis particular restrictions effectively delegates detention officials decision whether pretrial detainees punished view abdication unquestionably judicial function ii even properly applied punishment test agree use context simply advance analysis determine whether given deprivation imposed detainees constitutes punishment terms nature imposition impact detainees pretrial incarceration although necessary secure defendants presence trial essentially indistinguishable punishment detainee involuntarily confined deprived freedom family friends form enduring attachments normal life morrissey brewer indeed previously recognized incarceration infamous punishment flemming nestor see also wong wing ingraham wright effect incarceration inevitably punitive must cumulative impact restraints incident restraint test balances deprivations involved state interests assertedly served consistent import due process clause approach sensitive tangible physical psychological harm particular disability inflicts detainees nature less tangible significant individual interests stake greater imposition detainees heavier burden justification government bear see bates little rock shapiro thompson kusper pontikes assessing restrictions detainees must consider cumulative impact restraints imposed confinement incarceration clearly represents profound infringement liberty additional imposition increases severity initial deprivation since restraint thus serious effect detainees believe government must bear rigorous burden justification standard mandates see supra minimum require showing restriction substantially necessary jail administration imposition particular gravity implicates interests fundamental importance inflicts significant harms government demonstrate restriction serves compelling necessity jail administration presenting justifications government adduce evidence security administrative needs institution well fiscal constraints operates course considerations competence comity require measure deference judgments detention officials estimation institutional needs administrative consequences particular acts entitled weight repeatedly held prison context judicial restraint encompass failure take cognizance valid constitutional claims procunier martinez bounds smith even rights presumptively innocent individuals stake abdicate judicial responsibility evaluate independently government asserted justifications particular deprivations undertaking evaluation courts thus examine evidence practices detention penal facilities sure conditions detention survive constitutional challenge merely worse circumstances prisons evidence assist courts evaluating justifications based security administrative convenience fiscal constraints simply stated approach advocate weighs detainees interests implicated particular restriction governmental interests restriction serves substantiality intrusion detainees rights increases must significance countervailing governmental objectives iii applying standard facts case believe remand necessary issue mcc courts determined whether justified compelling necessity excluding fiscal administrative considerations since readily ascertainable government prevail test detailed inquiry unnecessary thus district granted summary judgment without full record psychological physical harms caused overcrowding conclude inflicted genuine privations hardship extended period time ante inappropriate respondents adequate opportunity produce evidence suggesting otherwise moreover district discerned disputed issues material fact see ante justification avoiding remand since material necessarily varies standard applied rather pronouncing overbroad aphorisms principles lurking due process clause ante leave district first instance sensitive balancing inquiry due process clause dictates although constitutionality mcc rule limiting sources hardback books also decided summary judgment believe remand unnecessary individuals fundamental first amendment right receive information ideas beyond dispute see martin struthers stanley georgia red lion broadcasting fcc see also brandenburg ohio balancing test elaborated government must therefore demonstrate rule infringing interest serves compelling necessity courts found government failed make showing support restriction government presented affidavit mcc warden averred without elaboration proper thorough search incoming hardback books might require removal covers warden asserted case books magazines necessary leaf every page ascertain contraband app warden offered reasons institution place reasonable limitations number books inmates receive use electronic devices fluoroscopes detect contraband rather requiring inmates purchase hardback books directly publishers stores appeals noted institutions recorded untoward experiences far less restrictive rules wolfish levi limitation receipt hardback books may well one rational response legitimate security concerns institution concerns way intend deprecate precedents courts apparently recognized ex rel wolfish supp sdny require consideration less restrictive alternatives see shelton tucker keyishian board regents basis relaxing requirement rights presumptively innocent detainees implicated district conduct trial constitutionality mcc package rule practices although courts applied different standard record sufficient permit resolution issues since decides questions think appropriate suggest results obtain record standard denial right possess property surely heightened concern viewed indignities detainment see app district observed severe discomfort without personal items watch cosmetics things eat smoke chew indeed noted strong dependence upon material things gives rise one deepest miseries incarceration deprivation familiar possessions given impact detainees appropriate inquiry whether package restriction substantially necessary prison administration government justification broad rule meet burden asserted interest ameliorating sanitation storage problems avoiding thefts gambling inmate conflicts personal property belied seems recognize ante policy permitting inmate purchases week prison commissary detention officials doubtless legitimate interest preventing introduction drugs weapons facility district appeals observed detention institutions adopted much less restrictive regulations mcc governing receipt packages see miller carson supp md aff giampetruzzi malcolm supp sdny inmates new york state institutions example may receive package month well clothing magazines see sure practices institutions necessarily demarcate constitutional minimum see ante evidence cast doubt upon government justifications based institutional security administrative convenience district held government obligated dispel doubts thus required reasoned showing must deprivations mcc much harsher deemed necessary institutions absent showing concluded mcc rule swept broadly ordered detention officials formulate suitable alternative least respect items available commissary holding seems appropriate accommodation competing interests minimal intrusion administrative prerogatives also affirm ruling courts inmates must permitted observe searches cells routine searches issue may unavoidable incident incarceration nonetheless protections fourth amendment lapse door bonner coughlin stevens lilly detention officials must therefore conduct searches reasonable manner avoiding needless intrusions inmates privacy unobserved searches may invite official disrespect detainees possessions generate fears guards steal personal property plant contraband see inmates interests significant government argues allowing detainees observe official searches lead violent confrontations enable inmates remove conceal contraband however district found government substantiated security concerns less intrusive means available accomplish institution objectives ibid thus record establish unobserved searches substantially necessary jail administration view searches mcc inmates represent one grievous offenses personal dignity common decency every contact visit someone outside facility including defense attorneys inmate must remove clothing bend spread buttocks display anal cavity inspection correctional officer women inmates must assume suitable posture vaginal inspection men must raise genitals neglects note time pressures humiliating spectacle frequently conducted presence inmates app district found stripping unpleasant embarrassing humiliating psychiatrist testified practice placed inmates degrading position possible app conclusion amply corroborated testimony inmates evidence moreover searches engendered among detainees fears sexual assault occasion actual threats physical abuse guards caused inmates forgo personal visits surprisingly government asserts security justification inspections searches necessary argues prevent inmates smuggling contraband facility crediting justification despite contrary findings two courts overlooks critical facts respondents point inmates required wear jumpsuits zippers front insert object vaginal anal cavity inmate remove jumpsuit least upper torso app joint app nos hereinafter joint since contact visits occur room continuously monitored corrections officers see joint app feat seem extraordinarily difficult medical testimony moreover inserting object rectum painful require time opportunity available visiting areas app visual inspection probably detect object inserted additionally entering visiting room visitors packages searched thoroughly metal detector fluoroscope hand joint app correction officers may require visitors leave packages handbags guards visit joint app blinding facts presented record accept government security rationale without question searches imposition sufficient gravity invoke standard equally indisputable meet standard indeed procedure unnecessarily degrading shocks conscience rochin california even rochin police reason believe petitioner swallowed contraband searches employed absent suspicion wrongdoing aspect mcc practice appeals redressed requiring searches conducted probable cause believe inmate concealing contraband due process clause principled reading dictates less uphold indiscriminate searches highlights bankruptcy basic analysis test adopted today rights detainees apparently extend far detention officials decide cost security permit unthinking deference administrative convenience justified interests stake presumptively innocent individuals many whose proven offense inability afford bail dissent bail reform act adverts ante provides bail set amount reasonably assure defendant presence trial fact studies indicate bail determinations frequently focus individual defendant nature crime charged administered system penalizes indigent defendants see aba project standards criminal justice pretrial release thomas bail reform america see also national advisory commission criminal justice standards goals corrections national association pretrial service agencies performance standards goals pretrial release diversion indeed glosses government statement posttrial memorandum inmates serving sentences restrictions possession personal property also serve legitimate purpose punishment ex rel wolfish levi supp sdny memorandum respondents civ sdny quoted ante statement provides least indication similar motive may underlie application rules detainees treatment point illustrates indifference pursues intent inquiry thus example lower courts held variety security restrictions unconstitutional collins schoonfield supp md warden censored newspaper articles critical administration jail mentally disturbed detainees shackled jail infirmary inmates milwaukee county jail petersen supp ed detainees limited two pages per letter notice relatives friends time place detainee next appearance deleted security grounds ex rel manicone corso supp edny newspapers banned might disrupt prisoners create fire hazard miller carson supp md aff detainees hospital kept continuously chained bed county saginaw supp ed detainees bail prevented attending religious services vest lubbock county commissioners supp nd tex detainees limited three pages per letter six incoming outgoing letters per week facilitate censorship guards authorized refuse mail deliver letters containing abusive language concede loading detainee chains shackles throwing dungeon ante create inference punitive intent hence impermissible indeed heartened concession think sufficient give force standard indeed lest point escape reader majority reiterates times course opinion ante nn chief judge coffin stated impossible without playing fast loose english language examine conditions confinement detainees incarcerated conclude custody punitive effect intent feeley sampson dissenting opinion accord campbell mcgruder app particular imposition termed punishment criteria course agree violates due process clause criticism context determining whether given restraint constitutes punishment empty semantic exercise pretrial incarceration many respects different sanctions society imposes convicted criminals argue question characterization obscure fact appropriate inquiry actual nature impositions balanced government justifications see new motor vehicle board orrin fox marshall concurring poe ullman harlan dissenting moore east cleveland roe wade see brandenburg ohio free speech bounds smith access courts blackstone observed years ago upon whole offence bailable party find bail committed county goal mittimus justice abide till delivered due course law imprisonment said safe custody punishment therefore dubious interval commitment trial prisoner used utmost humanity neither loaded needless fetters subjected hardships absolutely requisite purpose confinement blackstone commentaries courts found circumstances overcrowding inflicted mental physical damage inmates see detainees brooklyn house detention malcolm testimony correctional experts psychologically destructive increases homosexual impulses tensions aggressive tendencies battle anderson campbell mcgruder app overcrowding likely impair mental physical health detainees chapman rhodes supp sd ohio mcc capacity inmates analysis done inmate population grows suddenly simply ignores rated capacity institution yet figure surely relevant assessing whether overcrowding inflicts harms constitutional magnitude appeals rulings broadly designates security restrictions applied detainees convicted prisoners believe impositions groups must measured different standards see supra remand district determination whether continuing controversy respect convicted inmates issues contested searches least presumably invalid lilly attempt denominate rule reasonable time place manner regulatio ante substitute showing cases cited proposition private individuals ability alter time place manner exercising first amendment rights grayned city rockford ordinance prohibiting demonstration within feet school certain times day cox new hampshire permissible require license parade cox louisiana city prohibit parades rush hour adderley florida public demonstration premises county jail clear detainees possess freedom alter time place manner exercising first amendment rights indeed government acknowledges tr oral arg unspecified number detainees mcc incarcerated afford bail persons option purchasing hardback books publishers bookstores frequently unavailable hardly consistent established first amendment precepts restrict inmates library selections made detention officials mcc already uses electronic equipment search packages carried visitors see infra addition justice department draft federal standards corrections discourage limitations volume content inmate mail including packages dept justice federal corrections policy task force federal standards corrections draft june government presented psychiatric testimony procedures likely create lasting emotional trauma district intimated doubt credibility testimony found injury constitutional dimension even require psychiatric treatment leave permanent psychological scars facilitate monitoring mcc officials limited number people visiting room one time joint app inmates forbidden use locked lavatories visitors use requesting key correctional officer app see wolfish levi lavatories well contain window observation brief respondents justice stevens justice brennan joins dissenting equal protection case empirical judgment persons formally accused criminal conduct probably guilty provide rational basis set rules treat like convicts establish innocence matter rational approach might matter acceptable community equality status dominant goal obnoxious concept individual freedom protected due process clause ever accepted country work fundamental change character free society eighth amendment case provision constitution protects individuals convicted crimes punishment cruel unusual pretrial detainees whose rights stake case however innocent men women convicted crimes claim subjected cruel unusual punishment violation eighth amendment subject form punishment unconstitutional deprivation liberty due process case significant venture suggest enduring part opinion today recognition initial constitutional premise squarely holds due process clause detainee may punished prior adjudication guilt accordance due process law ante right free punishment expressly embodied provision bill rights source right found statute source fundamental freedom word liberty used due process clause informed history reason past course decisions judgment experience constitution entrusted interpreting word committee mcgrath frankfurter concurring see leis flynt stevens dissenting opinion latter proposition obvious indisputable nonetheless worthy emphasis accepted principle ante recent years mistakenly implied concept liberty encompasses rights either created statute regulation protected express provision bill rights today however without help statute regulation express provision constitution derived innocent person right punished due process clause accordingly abandoned parsimonious definition liberty protected majestic words clause concur abandonment regard scope fundamental right part company individuals housed metropolitan correction center mcc convicted criminals detention may legitimately serve punitive goal strong reason even apart rules challenged suggest true detainees also housed whose rights called upon address notwithstanding impression created opinion see ante people prisoners convicted crimes detention may serve limited regulatory purpose see houchins kqed stevens dissenting prior conviction every individual entitled benefit presumption innocent prior criminal conduct present intention commit offense immediate future presumption imply may detained otherwise subjected restraints basis individual showing probable cause poses relevant risks community system justice always quite properly functioned assumption probable cause believe person committed crime absent posting bail poses least risk flight justifies pretrial detention ensure presence trial fact individual may unable pay bail bond however insufficient reason subjecting indignities appropriate punishment convicted felons subject basis onerous restraints might properly considered regulatory respect particularly obstreperous dangerous arrestees innocent man propensity toward immediate violence escape subversion may dumped pool citizens subjected restraints designed regulate others treatment amounts punishment due process guarantee individual personal mandates innocent person treated individual human free treatment punishment always easy determine whether particular restraint serves legitimate regulatory goal ensuring detainee presence trial safety security meantime unlawful end punishment courts performed task past continue perform future recognized constitutional right free punishment may point difficulty task justification confining scope punishment concept narrowly effectively abdicates correction officials judicial responsibility enforce guarantees due process addressing constitutionality rules issue case seems say long correction officers motivated expressed intent punish wards ante long rules arbitrary purposeless ante rules acceptable form regulation punishment lest test exacting abjectly defers prison administrator unless conclusions conclusively shown wrong ante quoting jones north carolina prisoners labor union applying test concludes enforcement challenged restrictions constitute punishment showing subjective intent punish rational basis challenged rules view reached untenable conclusion test punishment unduly permissive requirement restraints rational basis provides individual virtually protection punishment restriction may reduce cost facility warehousing function characterized arbitrary purposeless conclusively shown reasonable relation government mission true even restraint severe might cruel unusual intent test ensure individual protection constitution guarantees seems use term intent mean subjective intent jail administrator emphasis encourage hypocrisy unconscious subjective intent may provide sufficient reason finding punishment inflicted intent clearly necessary even common element punitive sanction short careful reading opinion reveals attenuated detainee constitutional protection punishment nothing prohibition irrational classifications barbaric treatment recognized theory source protection due process clause practice defined scope far permissive terms equal protection eighth amendment analysis prior today cases unequivocally adopted less obeisant objective approach punishment one applies judgment decisions provide framework correct analysis punishment issue case leading case kennedy conclusion statute question punitive expressly based objective manifestations congressional purpose also recognized many cases manifestations relied upon wording construction predecessor provisions well congressional reports provision unavailable untrustworthy cases surely include actions administrator rather act congress issue stated certain criteria must applied face official action determine punitive ibid illustrative objective criteria several listed whether sanction involves affirmative disability restraint whether historically regarded punishment whether comes play finding scienter whether operation promote traditional aims punishment retribution deterrence whether behavior applies already crime whether alternative purpose may rationally connected assignable whether appears excessive relation alternative purpose assigned although easy reconcile rejection chains shackles rest analysis confirms view workable standard must allow infer punishment inflicted evaluating objective criteria delineated sanctions involve affirmative disabilit ies historically regarded punishment kennedy courts must sensitive possibility sanctions punitive rules governing detention fail draw distinction among detained suggesting may subject rules designed dangerous careful scrutiny must applied finally perhaps important significant unnecessary disparity severity harm individual demonstrated importance regulatory objective see courts must justified drawing inference punishment ii measured objective standard clear four rules discussed part iii opinion punitive character rules designed forestall potential harm might result smuggling money drugs weapons institution items feared might secreted books packages food clothing body cavities fear provides basis total prohibition receipt books except publishers book clubs bookstores packages food visual search body cavities every visit excluding detainee cell personal belongings searched guard question jail administrators legitimate interest preventing smuggling equally clear interest served way punishes many detainees challenged practices concededly deprive detainees fundamental rights privileges citizenship beyond simply right leave recognizes premise dismisses significance asserting detainees may subjected withdrawal limitation fundamental rights ante quoting price johnston disagree withdrawal rights among basic punishments society exact withdrawal qualifies subject citizenship violates dignity without question kind harm affirmative disability historically regarded punishment withdrawal fundamental rights limited punishment proper detainees posing special security risks mcc houses convicted persons along pretrial detainees former may constitutionally punished long punishment cruel unusual fact confinement may provide greater justification concerns ongoing smuggling operations violence escape moreover may certainly among pretrial detainees punished whose background history suggests special danger attempt smuggle contraband jail rules issue however limited may constitutionally punished particularly dangerous detainees onerous restraint appropriate regulation rather rules apply indiscriminately possible course mcc officials determined punish convicted criminals confined merely regulate detain possible detainees rules adopted issue serve impose restraints needed regulate least dangerous group government even suggest convicted criminals punished confinement mcc common sense suggests one set rules applied indiscriminately detainees rules serve regulate dangerous least group indeed prison security might well jeopardy otherwise true restraints substantial fundamental conclusion least detainees punished virtually inescapable indeed case confirmed excessive disparity harm individuals occasioned rules importance regulatory objective substantiality harm detainees doubted rights involved among specifically protected constitution fact alone underscores societal evaluation importance enforcement rules mcc moreover clear affront dignity detainee human prohibit detainees receiving books packages communicates detainee friends family trusted process eliminates one remaining contacts outside world practice searching detainee private possessions absence frequently without care ex rel wolfish levi supp sdny offends privacy interest also interest minimal dignity ibid finally search private body cavities found engender deep degradation terror inmates price searches high lead detainees forgo visits friends family altogether contrast severe harms individual interests served rules appear insubstantial room searches nothing convenience corrections staff supports refusal allow detainees observe reasonable distance petitioners raised fear inmates may become violent searches may distract guards district specifically found made showing pattern violence disruption support purported fears absent showing reason ban detainees observing searches rooms ban every area mcc guards inmates present prohibitions receiving books packages fare better district found record untoward experience respect book rule ex rel wolfish supp sdny support evidence petitioners dire predictions packages simple fact record case law make clear many prisons housing criminals convicted serious crimes inmates class may well dangerous smuggling likely far serious problem punishment appropriate packages various sorts routinely admitted subject inspection ibid administrators hardly established corrections staff mcc incapable performing similar inspections respect inmate population far greater entitlement unsupported claim food goods may used barter may introduce sanitation problems ignores possibility reasonable regulation also fact similar goods sold mcc commissary immune barter spoilage search clearly greatest personal indignity may least justifiable measure every contact visit search mandated rule district finding searches failed practice produce demonstrable improvement security hardly surprising detainees visitors full view visits fully clad insert contraband one private body cavities visit indeed imposing challenge nerves agility ibid reason expect petitioners established none many pretrial detainees attempt let alone succeed surmounting challenge absent challenged rule moreover district explicitly found less severe alternatives available ensure contraband transferred visits weapons dangerous instruments items greatest legitimate concern may discovered use metal detecting devices equipment commonly used airline security addition inmates required even apart searches disrobe clothing inspected present open hands arms reveal absence concealed objects alternative procedures district found amply satisf demands security judgment basis record disagree may well finds rules issue adopted administrators eager punish detained mcc rules explained easiest way administrators ensure security jail easiest course jail officials always one constitution allows take fundamental rights withdrawn severe harms indiscriminately inflicted detainees merely secure minimal savings time effort administrators guarantee due process violated judgment rules issue unconstitutional four rules indiscriminately inflict harm pretrial detainees mcc either unnecessary excessively harmful particularly judged historic respect dignity free citizen think unquestionably form punishment deny innocent person right read book loaned friend relative temporarily confined deny right receive gifts packages search private possessions presence compel exhibit private body cavities visual inspection guard absent probable cause believe specific individual detainee poses special security risk none practices considered necessary even arguably reasonable pretrial detainees confined facility separate apart convicted prisoners reasons convenience justify intermingling two groups much require facility administrator accept additional inspection burdens result denying right subject citizens humiliating indignities affirm judgment appeals four rules iii issue resolved district summary judgment record compiled issue decided basis legal test us agree erroneous record incomplete discloses material question fact concerning punitive character housing conditions mcc remand trial required three basic facts dictate result first earlier emphasized mcc houses convicted prisoners along pretrial detainees classes inmates subjected conditions may government despite representations contrary see conceives confinement convicts facility vacation punitive rigors prison life opposite conclusion detainees instead subjected rigors least equally justifiable inference facts revealed record particularly view rules applicable classes second government acknowledges mcc used house twice many inmates designed accommodate design capacity building one crucial indication purpose later abandonment design favor substantially crowded oppressive one certainly inference architect designed detain jailer used punish permissible even may compelled even probable finally mcc officials experienced little difficulty complying preliminary order district return facility design capacity dismisses fact conclusive question purpose reasonableness ante fact government lawful regulatory purpose easily served less severe conditions certainly evidence punitive purpose excessiveness lawful purpose may equally served new conditions greater cost record provides basis arguing legitimate reason extra degree severity characterized overcrowded conditions past means suggest facts demonstrates detention conditions punitive taken together raise issue fact resolved even district motion summary judgment admittedly easier conclude due process clause prohibits preconviction punishment articulate standard determining punishment occurred standard afford meaningful protection citizen liberty must require something either explicit statement administrator rule designed inflict punishment sanction arbitrary invalid even punitive however test phrased must least satisfied unexplained significant disparity severity harm individual demonstrated importance nonpunitive objective served therefore respectfully dissent conclusion demeaning unnecessary practices described part iii opinion constitute punishment also conclusion overcrowded housing conditions discussed part ii even give rise inference punitive qualities state shall deny person within jurisdiction equal protection laws amdt excessive bail shall required excessive fines imposed cruel unusual punishment inflicted amdt federal facility course fifth amendment applies provides relevant part person shall deprived life liberty property without due process law justice marshall accept basis analysis see ante added separate dissent even though agree much analysis criticism see meachum fano stevens dissenting see leis flynt paul davis facility used house convicted persons temporarily new york appearances like well confined duration short sentences neither time staff opportunity offer convicted inmates mcc kind training treatment sometimes available prison environment see webster third international dictionary often used prison institution imprisonment persons convicted major crimes felonies penitentiary distinguished reformatory local jail detention home incarceration postconviction sanctions significant personal normative components primarily designed inflict pain correct individual past misdeed sanctions considered punitive see pincoffs rationale legal punishment see also gregg georgia opinion stewart powell stevens jj hart punishment responsibility dostoevskii crime punishment coulson transl kant philosophy law hastie transl contrast pretrial detention acceptable means assuring detainee presence trial maintaining fellows safety meantime focus therefore essentially forward looking general nonnormative type government sanction primarily designed future benefit public large implies moral judgment person affected properly classified regulatory see packer limits criminal sanction bill attainder cases recognized distinction regulation punishment analyzing concept legislative punishment thus one hand post bellum statutes excluding persons sympathetic confederacy certain professions found unconstitutional focus acts specific individuals ex parte garland wall cummings missouri wall however later statutes requiring persons take loyalty oaths getting benefits certain labor legislation employed public job found constitutional future orientation general purpose american communications assn douds garner board public works least two occasions relied upon presumption justification shielding person awaiting trial potentially oppressive governmental actions mcginnis royster hardly appropriate state undertake pretrial detention period programs rehabilitate man still clothed presumption innocence stack boyle unless right bail trial preserved presumption innocence secured centuries struggle lose meaning cases demonstrate presumption called last term assumption innocence indulged evidence convinced jury contrary beyond reasonable doubt see taylor kentucky colors government actions toward persons yet convicted sum although may question means treat person guilty dispute government may never point advance conviction relying nothing force assertion without even mentioning mcginnis stack presumption innocence application determination rights pretrial detainee confinement trial even begun ante recently reiterated presumption fundamental see taylor kentucky supra believe means seems saying many instances detention occur although risk flight exceedingly low large class persons bail excessive bail people loosely referred indigents studies operation bail system demonstrated even lowest levels bail say bail bond premium may substantial percentage persons succeed making bail therefore held custody pending trial packer supra american jurisdictions traditionally relied pretrial system bail jail assure arrestees appear trial bail aspect system eighth amendment explicit whatever steps government takes must excessive relation purpose stack boyle supra see although expressed constitution like restraint half pretrial system logical corollary excess bail clause indeed recognized previous occasions individualization sometimes necessary prevent clearly punitive sanctions administered cruel unusual manner woodson north carolina trop dulles even apply aspect test meaningful way add little concept punishment impermissible due process clause test follows restriction condition reasonably related legitimate goal arbitrary purposeless permissibly may infer purpose governmental action punishment may constitutionally inflicted upon detainees qua detainees ante readily apparent standard nothing rational basis requirement even presumptively valid economic social regulations must satisfy pass muster due process clause accordingly followed path proposed quotation take unnecessary steps governmental activity affects even minor interests arbitrary purposeless unconstitutional whether punishment see rinaldi yeager illinois elections board socialist workers party beyond excluding expressly intended punishment puts restrictions goals recognizes legitimate test government need show rational nexus security order apparently class operational concerns facing jail administrator ante restriction upheld subjective approach focuses interested party intends rather detached observer thinks thereby depriving distinction punishment types government activity pretense objectivity prison warden thinks inmates better custody world outside subjective definition administering treatment rather punishment legislature passes compulsory commitment statute narcotics addicts motivated hostility toward addicts commitment punishment motivated compassion commitment treatment motivated hostility compassion objections aside use possibly made definition objections left aside demonstrate subjective definition unintelligible leads quite dangerous consequences allow characterization turn intention administrator encourage hypocrisy unconscious packer supra accord lovett state courts resort criteria even analyzing punitive content legislation many state assemblies publish record deliberations starkweather blair ven clear legislative classification statute alter fundamental nature plainly penal statute trop dulles plurality opinion although discussion point laced citations prison cases price ante fails mention single precedent dealing pretrial detainees cf houchins kqed stevens dissenting skinner goosby osser concluded detainees rights limited reduced example analyzing restrictions first amendment rights deferential language minimum rationality language traditionally applied restrictions economic activities selling hot dogs eyeglasses new orleans dukes williamson lee optical first amendment victim analysis also devalues fourth amendment applies pretrial detainees particularly evident respect discussion searches although recognizes detainee constitutionally protected interest privacy immediately demeans interest affording diminished scope reason diminution detainee limited expectation privacy ante first blush rationale appears detainee told permitted carry activities private reasonably expect otherwise reasonable expectations privacy purely subjective connotation lest wake one day headlines announcing henceforth government recognize sanctity home instead enter residences reasonableness expectation must include objective component refers aspects human activity reasonable person typically expects protected unchecked government observation cf katz harlan concurring hence question must whether government may without violating fourth amendment tell detainee words action virtually right privacy view answer question must negative despite fact confinement impossibility retreat privacy home detainee must right privacy retain venture public places surely scope privacy diminished include expectation body cavities exposed view absent probable cause therefore hold searches pretrial detainees may occur classic example coincidence punishment total deprivation rights voting thus richardson ramirez although recognizing importance right vote see reynolds sims found support fourteenth amendment denying convicted felons right vote cf skinner supra finding certain restrictions absentee voting pretrial detainees unconstitutional equal protection clause see also goosby osser supra certainly say fact conviction justifies total deprivation constitutionally protected rights abandoned concept prisoner slave state morrissey brewer also rejected ironclad exclusion persons protection constitution wolff mcdonnell pell procunier cruz beto lee washington nonetheless also recognizes prison inmate retains rights inconsistent legitimate penological objectives corrections system pell procunier supra cf lanza new york wolff mcdonnell supra richardson ramirez supra probably relied upon historical analysis often objective factors discussed kennedy determining whether government sanction punitive cummings missouri wall ex parte wilson mackin wong wing prospect incarceration facing inmate increases incentive use illicit means obtain luxuries imprisonment otherwise deny moreover fact incarceration large number persons conducive development institutional subeconomy even subgovernment often thrives contraband inconsistent orderly operation facility see mattick prosaic sources prison violence occasional papers university chicago law school mar foregoing indicates believe analysis four rules applied convicted prisoners different applied pretrial detainees due process rights two different scope government security interests also differ view courts erroneously applying standards sets inmates focusing detainees adequately develop record respect convicts accordingly remand question validity four rules context convicted prisoners proceedings cf ex rel miller twomey fact government admitted restrictions possession personal property mcc serve legitimate purpose punishment respect convicted inmates well security purposes relied present context pretrial detainees ex rel wolfish levi supp sdny affront may constitute punishment retributive character makes clear sanction punitive promote traditional ai punishment retribution retributive aspect unishment way society expresses denunciation wrong gregg georgia opinion stewart powell stevens jj quoting lord justice denning testimony royal commission capital punishment see also letter judge learned hand editors university chicago law review undated reprinted chi rev sources cited first paragraph supra focus denunciatory approach right society significant respects deny civic human dignity persons convicted wrong cf gregg georgia supra fundamental violations human dignity may constitute cruel unusual punishment indeed district found searches entirely ineffective offensive manifestations anal searches district reserved decision practices save restriction receipt hardback books full trial merits accordingly appropriate resolve issues without remand understand quite thoroughly demonstrated district applied erroneous legal test ante nonetheless rely conclusion disputed issues material fact prevented applying erroneous test housing issue ante decisive reality however seriously open debate rooms designed built hold single person conclusion compelled array undisputed facts begin petitioners invoke high authority architect designed mcc sworn testimony recorded described room like ones drew housing one inmate basic planning principle contrasting dormitories rooms went say dormitories much flexible kind thing see real area particular facility one reasons tendency go single rooms clear apparent violation capacity try put two people room ca put one third persons room always population space put people imaginative planning get better utilization space absoluteness room designed one person try convert room clear violation capability space question enough know objections necessary means rely solely architect said plain visual evidence demonstrates rooms designed one inmate two place two people assigned others unwanted intimacy walk eat write letter quiet outside another toilet one shelf toiletries one things neither adequate two people larger group rooms place hang garment bunks rooms changed singles constructed air vent cold winter visit blows onto upper bed foot body level many prisoners blocked vents cope architecturally unintended unpleasantness result rooms musty unpleasant smelling single beds originally designed rooms two drawers built mounted casters reasonably convenient use reconstruction house two inmates found necessary dismantle caster arrangements double room one old drawers lying loose lower bed none two assigned occupants ex rel wolfish supp sdny omitted emphasis original facts may added findings district even design capacity movement restricted mcc federal facilities including exclusively house convicts doubling design capacity individual cells leaves place two people assigned others unwanted intimacy walk eat write letter quiet outside another toilet places person newly added upper bunk directly cold air vent renders furniture designed rooms unusable general subjects inmate foul odors social stigma humiliation denials minimal privacy overall living conditions grossly short minimal decency semblance justification except general defense facilities bureau prisons toto insufficient house people consigned without stating expressly rejected findings ante rejection permissible absent determination clear error determination made treatment district findings inexplicable see zenith radio hazeltine research ameliorative factors discussed ante might well convince factfinder housing conditions punitive