rhodes chapman argued march decided june respondents housed cell ohio prison brought class action federal district petitioner state officials alleging double celling violated constitution seeking injunctive relief despite generally favorable findings fact district concluded double celling cruel unusual punishment violation eighth amendment made applicable fourteenth amendment conclusion based five considerations inmates prison serving long terms imprisonment prison housed inmates design capacity recommendation several studies inmate least square feet living quarters opposed square feet shared inmates suggestion inmates spend time cells cellmates fact double celling prison temporary condition appeals affirmed held double celling question cruel unusual punishment prohibited eighth fourteenth amendments pp conditions confinement constituting punishment issue must involve wanton unnecessary infliction pain may grossly disproportionate severity crime warranting imprisonment conditions said cruel unusual contemporary standards unconstitutional extent conditions restrictive even harsh part penalty criminals pay offenses society pp view district findings fact virtually every one tends refute respondents claim conclusion double celling prison constituted cruel unusual punishment insupportable pp five considerations district relied insufficient support constitutional conclusion considerations properly weighed legislature prison administration rather fall far short proving cruel unusual punishment absent evidence double celling circumstances either inflicts unnecessary wanton pain grossly disproportionate severity crime warranting imprisonment pp discharging oversight responsibility determine whether prison conditions amount cruel unusual punishment courts assume state legislatures prison officials insensitive requirements constitution sociological problems best achieve goals penal function criminal justice system pp powell delivered opinion burger stewart white rehnquist joined brennan filed opinion concurring judgment blackmun stevens joined post blackmun filed opinion concurring judgment post marshall filed dissenting opinion post allen adler assistant attorney general ohio argued cause petitioners briefs william brown attorney general leo conway assistant attorney general jean kamp argued cause respondents brief louis jacobs bruce campbell justice powell delivered opinion question presented whether housing two inmates single cell southern ohio correctional facility cruel unusual punishment prohibited eighth fourteenth amendments respondents kelly chapman richard jaworski inmates southern ohio correctional facility socf state prison lucasville ohio housed cell brought action district southern district ohio behalf inmates similarly situated socf asserting cause action contended double celling socf violated constitution gravamen complaint double celling confined cellmates closely also blamed overcrowding socf said overwhelmed prison facilities staff relief respondents sought injunction barring petitioners ohio officials responsible administration socf housing one inmate cell except temporary measure district made extensive findings fact socf basis evidence presented trial observations inspection conducted without advance notice supp findings describe physical plant inmate population effects double celling neither party contends findings erroneous socf built early addition cells gymnasiums workshops schoolrooms dayrooms two chapels hospital ward commissary barbershop library outdoors socf recreation field visitation area garden district described physical plant unquestionably facility cell socf measures approximately square feet contains bed measuring inches night stand sink hot cold running water toilet inmate flush inside cell cells housing two inmates bunk bed every cell heating air circulation vent near ceiling cells window inmates open close cells cabinet shelf radio built one walls cells one wall consists bars inmates seen dayrooms located adjacent cellblocks open inmates according district day rooms sense part cells designed furnish type recreation occupation ordinary citizen seek living room den dayroom contains television card tables chairs inmates pass cells dayrooms period hour hour doors dayrooms cells opened inmate population district found socf began receiving inmates late double celling increase ohio statewide prison population time trial socf housed inmates serving life sentences felonies approximately inmates double celled choice spending much waking hours outside cells dayrooms school workshops library visits meals showers inmates spent time locked cells restrictive classification remaining findings district addressed respondents allegation overcrowding created double celling overwhelmed socf facilities staff food adequate every respect respondents adduced evidence whatsoever prisoners underfed food facilities taxed prison population air ventilation system adequate cells substantially free offensive odor temperature cellblocks well controlled noise cellblocks excessive double celling reduced significantly availability space dayrooms visitation facilities rendered inadequate resources library schoolrooms although isolated incidents failure provide medical dental care evidence indifference socf staff inmates medical dental needs violence found number acts violence socf increased prison population proportion increase population respondents failed produce evidence establishing double celling caused greater violence ratio guards inmates socf satisfied standard acceptability offered respondents expert witness finally find socf administration faced inmates jobs water ed jobs assigning inmates job necessary reducing number hours inmate worked also found socf increased staff psychiatrists social workers since double celling begun despite generally favorable findings district concluded double celling socf cruel unusual punishment rested conclusion five considerations one inmates socf serving long terms imprisonment view fact accent uate problems close confinement overcrowding two socf housed inmates time trial design capacity reference asserted overcrowding necessarily involves excess limitation general movement well physical mental injury long exposure ibid three accepted contemporary standards decency several studies recommending person institution least square feet living quarters contrast inmates socf share square feet four asserted best prisoner double celled spend time cell cellmate five socf made double celling practice temporary condition appeal appeals sixth circuit petitioners argued district conclusion must read light findings holding double celling per se unconstitutional appeals disagreed viewed district opinion holding double celling cruel unusual punishment circumstances socf affirmed without opinion ground district findings clearly erroneous conclusions law permissible findings remedy reasonable response violations found granted petition certiorari importance question prison administration reverse ii consider first time limitation eighth amendment applicable fourteenth amendment robinson california imposes upon conditions state may confine convicted crimes unquestioned onfinement prison form punishment subject scrutiny eighth amendment standards hutto finney see ingraham wright cf bell wolfish case considered disputed contention conditions confinement particular prison constituted cruel unusual punishment occasion consider specifically principles relevant assessing claims conditions confinement violate eighth amendment look first eighth amendment precedents general principles relevant state authority impose punishment criminal conduct eighth amendment three words imposes constitutional limitation upon punishments cruel unusual interpreted words flexible dynamic manner gregg georgia joint opinion extended amendment reach beyond barbarous physical punishments issue earliest cases see wilkerson utah kemmler today eighth amendment prohibits punishments although physically barbarous involve unnecessary wanton infliction pain gregg georgia supra grossly disproportionate severity crime coker georgia plurality opinion weems among unnecessary wanton inflictions pain totally without penological justification gregg georgia supra estelle gamble static test exist courts determine whether conditions confinement cruel unusual eighth amendment must draw meaning evolving standards decency mark progress maturing society trop dulles plurality opinion held however eighth amendment judgments neither appear merely subjective views judges rummel estelle sure constitution contemplates end judgment brought bear question acceptability given punishment coker georgia supra plurality opinion gregg georgia supra joint opinion judgment informed objective factors maximum possible extent rummel estelle supra quoting coker georgia supra plurality opinion example question whether capital punishment certain crimes violated contemporary values looked objective indicia derived history action state legislatures sentencing juries gregg georgia supra coker georgia supra conclusion estelle gamble supra deliberate indifference inmate medical needs cruel unusual punishment rested fact recognized common law state legislatures inmate must rely prison authorities treat medical needs authorities fail needs met principles apply conditions confinement compose punishment issue conditions must involve wanton unnecessary infliction pain may grossly disproportionate severity crime warranting imprisonment estelle gamble supra held denial medical care cruel unusual worst case result physical torture even less serious cases result pain without penological purpose hutto finney supra conditions confinement two arkansas prisons constituted cruel unusual punishment resulted unquestioned serious deprivations basic human needs conditions gamble hutto alone combination may deprive inmates minimal civilized measure life necessities conditions cruel unusual contemporary standard decency recognized gamble supra conditions said cruel unusual contemporary standards unconstitutional extent conditions restrictive even harsh part penalty criminal offenders pay offenses society view district findings fact conclusion double celling socf constitutes cruel unusual punishment insupportable virtually every one findings tends refute respondents claim double celling made necessary unanticipated increase prison population lead deprivations essential food medical care sanitation increase violence among inmates create conditions intolerable prison confinement although job educational opportunities diminished marginally result double celling limited work hours delay receiving education inflict pain much less unnecessary wanton pain deprivations kind simply punishments wrench eighth amendment language history hold delay desirable aids rehabilitation violates constitution five considerations district relied also insufficient support constitutional conclusion relied long terms imprisonment served inmates socf fact socf housed inmates design capacity recommendation several studies inmate least square feet living quarters suggestion inmates spend time cells cellmates fact double celling socf temporary condition supra general considerations fall far short proving cruel unusual punishment evidence double celling circumstances either inflicts unnecessary wanton pain grossly disproportionate severity crimes warranting imprisonment considerations amount theory double celling inflicts pain perhaps reflect aspiration toward ideal environment confinement constitution mandate comfortable prisons prisons socf type house persons convicted serious crimes free discomfort thus considerations properly weighed legislature prison administration rather constitutional violation district authority consider whether double celling light considerations best response increase ohio statewide prison population iii must proceed cautiously making eighth amendment judgment unless reverse decision given punishment impermissible eighth amendment reversed short constitutional amendment thus evisions made light experience gregg georgia assessing claims conditions confinement cruel unusual courts must bear mind inquiries spring constitutional requirements judicial answers must reflect fact rather idea best operate detention facility bell wolfish courts certainly responsibility scrutinize claims cruel unusual confinement conditions number prisons especially older ones justly described deplorable sordid bell wolfish supra conditions confinement amount cruel unusual punishment federal courts discharge duty protect constitutional rights procunier martinez see cruz beto per curiam discharging oversight responsibility however courts assume state legislatures prison officials insensitive requirements constitution perplexing sociological problems best achieve goals penal function criminal justice system punish justly deter future crime return imprisoned persons society improved chance useful citizens case question us whether conditions confinement socf cruel unusual find judgment appeals reversed ordered briefs amici curiae urging reversal filed state alaska et al wilson condon attorney general alaska bob corbin attorney general arizona mcfarlane attorney general colorado carl ajello attorney general connecticut richard gebelien attorney general delaware jim smith attorney general florida wayne minami attorney general hawaii david leroy attorney general idaho tyrone fahner attorney general illinois theodore sendak attorney general indiana robert stephan attorney general kansas steven beshear attorney general kentucky william guste attorney general louisiana kendall vick assistant attorney general warren spannaus attorney general minnesota bill alain attorney general mississippi john ashcroft attorney general missouri mike greely attorney general montana paul douglas attorney general nebraska richard bryan attorney general nevada gregory smith acting attorney general new hampshire rufus edmisten attorney general north carolina allen olson attorney general north dakota jan eric cartwright attorney general oklahoma james brown attorney general oregon john mcculloch solicitor general william gary deputy solicitor general james mountain jan peter londahl assistant attorneys general dennis roberts ii attorney general rhode island daniel mcleod attorney general south carolina mark meierhenry attorney general south dakota william leech attorney general tennessee robert hansen attorney general utah jerome diamone attorney general vermont marshall coleman attorney general virginia ive arlington swan attorney general virgin islands slade gorton attorney general washington chauncey browning attorney general west virginia bronson la follette attorney general wisconsin john troughton attorney general wyoming state texas mark white attorney general john fainter first assistant attorney general richard gray iii executive assistant attorney general barton boling ed idar kenneth petersen assistant attorneys general briefs amici curiae urging affirmance filed john krichbaum american medical association et al quin denvir laurance smith state public defender california solicitor general mccree filed brief amicus curiae footnotes socf library contains volumes including lawbooks described district modern superior quality quantity described socf classrooms light airy well equipped describe socf workshops except identify laundry machine shop shoe factory sheet metal shop printshop sign shop shop see inmates requested protective custody substantiate fears classified limited activity locked cells six hours week inmates classified voluntarily idle newly arrived inmates awaiting classification four hours week outside cells inmates housed administrative isolation disciplinary reasons allowed cells two hours week attend religious services movie commissary noted socf one prisons country permit contact visitation inmates found adequate lawbooks available even inmates protective disciplinary confinement allow effective access school inmate ready able willing receive schooling denied opportunity although delay inmate received opportunity attend turnover dental staff caused temporary substantial backlog inmates needing routine dental care dental staff treated emergencies district cited american correctional manual standards adult correctional institutions standard square feet national sheriffs handbook jail architecture square feet national council crime delinquency model act protection rights prisoners crime delinquency square feet basis district assertion amount time inmates spend cells appear opinion elsewhere opinion found inmates socf free cells stated made finding basis prison regulations inmate classification petitioners submitted exhibits rather order petitioners either move respondents single cells release respondents urged district initially ordered petitioners proceed reasonable dispatch formulate propose carry plan terminate double celling socf petitioners submitted five plans rejected ordered petitioners reduce inmate population socf men per month population fell prison approximate design capacity app pet cert appeals stated conclusion order affirmance filed publish see hutto finney state prison administrators dispute district conclusion conditions two arkansas prisons constituted cruel unusual punishment ingraham wright question whether corporal punishment public school constituted cruel unusual punishment held eighth fourteenth amendments apply public school disciplinary practices considering differences prisoner schoolchild stated prison brutality part total punishment individual subjected crime proper subject eighth amendment scrutiny quoting ingraham wright eighth amendment also imposes substantive limit made criminal punished robinson california aspect eighth amendment involved case respondents district erred assuming opinions experts desirable prison conditions suffice establish contemporary standards decency noted bell wolfish opinions may helpful relevant respect questions simply establish constitutional minima rather establish goals recommended organization question see dept justice federal standards prisons jails indeed generalized opinions experts weigh heavily determining contemporary standards decency public attitude toward given sanction gregg georgia joint opinion agree double celling desirable especially view size cells evidence case double celling viewed generally violating decency moreover though small cells socf exceptionally modern functional heated ventilated hot cold running water sanitary toilet cell also radio respondents contend close confinement double celling long periods creates dangerous potential frustration tension violence respondents view infliction unnecessary wanton pain double celling led rioting danger prison riots serious concern shared public well prison authorities inmates respondents contention lead conclusion double celling socf cruel unusual whatever may situation different case district findings fact lend support respondents claim case moreover prison internal security peculiarly matter normally left discretion prison administrators see bell wolfish supra jones north carolina prisoners labor union pell procunier dissenting opinion facility described one involved case post incorrectness statement apparent examination facts set forth length see supra nn district detailed findings fact see several instances dissent selectively relies testimony without acknowledging district gave little weight example dissent emphasizes testimony experts psychological problems may expected double celling also relies similar testimony increase tension aggression dissent fails mention however district also referred testimony prison superintendent physician increase violence one expect increased numbers inmates telling fact ignored dissent district resolved conflict testimony holding increase violence criminal activity increase due double celling increase due increased population ibid holding based uncontroverted prison records required maintained ohio department corrections described district detail ed bespeak ing credibility ibid ambiguity opinion district concerning amount time inmates required remain cells dissent post relies selective findings inmates cells hours day others hours week dissent fails note first findings flatly inconsistent prior finding inmates locked cell cellmate around leaving free move hours moreover unquestioned also mentioned dissent inmates spend time locked cells restrictive classification include inmates found guilty rule infractions plenary hearing inmates choice least degree ibid must remembered socf prison housing persons guilty violent serious crimes essential maintain regime close supervision discipline dissent also makes much fact socf housing inmates time trial rated capacity according bureau prisons least three factors influence prison population number arrests prosecution policies sentencing parole decisions factors change rapidly prisons require years plan build extremely difficult calibrate prison rated design capacity predictions prison population memorandum amicus curiae question us whether designer socf guessed incorrectly future prison population whether actual conditions confinement socf cruel unusual sketched magnitude problems prison administration procunier martinez see generally national institute justice american prisons jails suffices repeat 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 procunier martinez supra omitted since decision martinez problems prison population administration exacerbated increase serious crime effect inflation resources communities case illustrative ohio designed built socf early even time trial found modern facility supra yet unanticipated increase state prison population compelled double celling issue examples recent decisions holding prison conditions violative eighth fourteenth amendments include ramos lamm cert denied williams edwards gates collier pugh locke supp md aff modified rev part grounds per curiam justice brennan justice blackmun justice stevens join concurring judgment today decision reaffirms ourts certainly responsibility scrutinize claims cruel unusual confinement ante page agree also agree district findings case support judgment practice double celling southern ohio correctional facility violation eighth amendment write separately however emphasize today decision way construed retreat careful judicial scrutiny prison conditions discuss factors courts consider undertaking scrutiny although never considered prison conditions constitute cruel unusual punishment within meaning eighth amendment see ante questions addressed repeatedly lower courts fact individual prisons entire prison systems least declared unconstitutional eighth fourteenth amendments litigation underway many others thus lower courts learned repeated investigation bitter experience judicial intervention indispensable constitutional dictates mention considerations basic humanity observed prisons one familiar litigation area suggest courts overeager usurp task running prisons today properly notes entrusted first instance legislature prison administration rather ante certainly one suppose courts ordered creation comfortable prisons model country clubs contrary inhumanity conditions american prisons thrust upon judicial conscience inmates suffolk county jail eisenstadt supp mass judicial opinions area make pleasant reading example pugh locke supp md aff modified rev part grounds per curiam chief judge frank johnson described gruesome detail conditions prevailing alabama penal system institutions horrendously overcrowded point inmates forced sleep mattresses spread floors hallways next urinals physical facilities dilapidat ed filthy cells infested roaches flies mosquitoes vermin ibid sanitation facilities limited ill repair emitting overpowering odor one instance men forced share one toilet ibid inmates provided toothpaste toothbrush shampoo shaving cream razors combs necessities ibid food unappetizing unwholesome poorly prepared often infested insects served without reasonable utensils ibid meaningful vocational educational recreational work programs health officer described prisons wholly unfit human habitation according virtually every criterion used evaluation public health inspectors perhaps worst rampant violence within prison weaker inmates repeatedly victimized stronger robbery rape extortion theft assault everyday occurrences among general inmate population faced record surprisingly found conditions confinement constituted cruel unusual punishment issued comprehensive remedial order affecting virtually every aspect prison administration unfortunately alabama example neither abberational anachronistic last year ramos lamm cert denied example tenth circuit declared conditions unit colorado state penitentiary canon city unconstitutional living areas prison unfit human habitation food unsanitary grossly inadequate institution fraught tension violence often leading injury death health care blatant ly inadequat appalling various restrictions prisoners rights visitation mail access courts violation basic constitutional rights similar tales horror recounted dozens cases see cases cited supra overcrowding cramped living conditions particularly pressing problems many prisons orders effect concerning conditions confinement federal state correctional facilities march involved issue overcrowding american prisons jails inmates federal state local correctional facilities confined cells dormitories providing less square feet per person minimal standard deemed acceptable american public health association justice department authorities problems administering prisons within constitutional standards indeed complex intractable ante quoting procunier martinez core lack resources allocated prisons confinement prisoners unquestionably expensive proposition average direct current expenditure adult institutions per inmate american prisons jails average cost constructing space additional prisoner estimated oftentimes funding prisons dramatically required comply basic constitutional standards example bring louisiana prison system compliance required supplemental appropriation single year operating expenditures capital outlays williams edwards exhibit last decade correctional resources never ample lagged behind burgeoning prison populations ruiz estelle supp sd tex example stated unprecedented surge number inmates undercut realistic expectation eliminating double triple celling despite construction new million unit number inmates federal state correctional facilities risen since last year grew fastest rate three years krajick boom resumes corrections magazine apr report annual survey prison populations major infusion money required merely keep pace prison populations public apathy political powerlessness inmates contributed pervasive neglect prisons chief judge henley observed people arkansas knew little nothing penal system prior holt litigation despite sporadic sensational exposes holt sarver supp ed ark prison inmates voteless politically unpopular socially threatening morris snail pace prison reform proceedings annual congress corrections american correctional assn thus suffering prisoners even known generally moves community severe exceptional cases ibid result even conscientious prison officials aught middle state legislatures refuse spend sufficient tax dollars bring conditions prisons minimally acceptable standards johnson levine supp md aff part extensive exposure process chief judge pettine came view barbaric physical conditions rhode island prison system ugly shocking outward manifestations deeper dysfunction attitude cynicism hopelessness predatory selfishness callous indifference appears infect one degree another almost everyone comes contact prison palmigiano garrahy supp ri remanded circumstances courts emerged critical force behind efforts ameliorate inhumane conditions insulated political pressures charged duty enforcing constitution courts strongest position insist unconstitutional conditions remedied even significant financial cost justice blackmun serving appeals set tone jackson bishop humane considerations constitutional requirements day measured limited dollar considerations progress toward constitutional conditions confinement nation prisons slow uneven despite judicial pressure nevertheless clear judicial intervention responsible remedying worst abuses direct order also forcing legislative branch government reevaluate correction policies appropriate funds upgrading penal systems american prisons jails detailed study four prison conditions cases american bar association concluded judicial intervention correctional law cases studied impact broad substantial part impact judicial intervention clearly beneficial institutions correctional systems broader community dire consequences predicted correctional personnel accompany judicial intervention cases studied inmates granted greater rights protections litigation undermine staff authority control institutional conditions improved facilities turned country clubs courts intervened correctional affairs judges take administration facilities harris spiller decision implementation judicial decrees correctional settings national institute law enforcement criminal justice upgraded correctional institutions development procedural safeguards regarding basic constitutional rights question mind intervention taken place fundamental improvements occurred intend imply sit expectantly desk week awaiting news another impending suit recognize unless agency consistently deals fairly incarcerated institutions held judicially accountable civil rights institutionalized persons hearings subcommittee constitution senate committee judiciary testimony kenneth schoen ii task courts cases challenging prison conditions determine whether challenged punishment comports human dignity furman georgia brennan concurring determinations necessarily imprecise indefinite trop dulles wilkerson utah require careful scrutiny challenged conditions application realistic yet humane standards performing responsibility lower courts especially deferential prison authorities adoption execution policies practices judgment needed preserve internal order discipline maintain institutional security bell wolfish see also ante jones north carolina prisoners labor union cruz beto many conditions confinement however including overcrowding poor sanitation inadequate safety precautions arise neglect rather policy see supra reason comity judicial restraint recognition expertise courts defer negligent omissions officials lack resources motivation operate prisons within limits decency courts must recognize primacy legislative executive authorities administration prisons however prison authorities conform constitutional minima courts obligation take steps remedy violations procunier martinez first aspect judicial decisionmaking area scrutiny actual conditions challenge important recognize various deficiencies prison conditions must considered together holt sarver individual conditions exist combination affects taken together may cumulative impact inmates ibid thus considering eighth amendment challenge conditions confinement must examine totality circumstances even single condition confinement unconstitutional exposure cumulative effect prison conditions may subject inmates cruel unusual punishment laaman helgemoe supp nh moreover seeking relevant information conditions prison must open evidence assistance many sources including expert testimony studies effect particular conditions prisoners purpose public health medical psychiatric psychological penological architectural structural experts proved useful lower courts observing interpreting prison conditions see palmigiano garrahy commenting task made easier extensive assistance experts elusive perhaps second aspect judicial inquiry application realistic yet humane standards conditions observed courts expressed standards various ways see concord advisory bd hall supp mass contemporary standards decency palmigiano garrahy supra conditions bad shock conscience reasonable citizen estelle gamble broad idealistic concepts dignity civilized standards humanity decency quoting jackson bishop descriptions merit end attempting apply left rely upon experience knowledge contemporary standards coker georgia plurality opinion determining prison conditions pass beyond legitimate punishment become cruel unusual touchstone effect upon imprisoned laaman helgemoe must examine effect upon inmates condition physical plant lighting heat plumbing ventilation living space noise levels recreation space sanitation control vermin insects food preparation medical facilities lavatories showers clean places eating sleeping working safety protection violent deranged diseased inmates fire protection emergency evacuation inmate needs services clothing nutrition bedding medical dental mental health care visitation time exercise recreation educational rehabilitative programming staffing trained adequate guards staff avoidance placing inmates positions authority inmates see ibid ramos lamm cumulative impact conditions incarceration threatens physical mental emotional health inmates creates probability recidivism future incarceration must conclude conditions violate constitution laaman helgemoe supra iii reviewing generally limited perception case findings trial seen southern ohio correctional facility lucasville directly heard evidence concerning conditions district opinion know prison modern facility built early cost million supp sd ohio chief judge hogan toured facility described lacking color generally speaking quite light airy etc cells reasonably well furnished one night stand one wall cabinet one wall shelf one lavatory hot cold running water steel mirror one china commode flushed inside cell one radio one heating air circulation vent one lighting fixture one bed bunkbed prisoners cellblock frequent access dayroom sense part cells designed furnish type recreation occupation ordinary citizen seek living room den food adequate every respect kitchens dining rooms clean prisoners permitted contact visitation ibid ratio inmates guards well within acceptable ratio incidents violence uncommon increased proportion inmate population plumbing lighting adequate prison modern library adequate law library eight schoolrooms two chapels commissary barbershop dining rooms kitchens workshops ibid virtually serious complaint inmates southern ohio correctional facility cells used house two inmates slightest doubt square feet cell space enough two men understand every major study living space prisons concluded see see also supra post marshall dissenting prisoners housed conditions unmistakable signal legislators officials ohio either prison facilities built expanded fewer persons incarcerated prisons even findings district support conclusion conditions southern ohio correctional facility cramped though constitute cruel unusual punishment see hite leeke concord advisory bd hall touchstone eighth amendment inquiry effect upon imprisoned supra quoting laaman helgemoe findings district leave doubt prisoners adequately sheltered fed protected opportunities education work rehabilitative assistance available one need compare district description conditions southern ohio correctional facility descriptions major state federal facilities see supra realize prison crowded though one better humane large prisons nation consequence district order might well make life worse many ohio inmates least short run result order prisoners transferred columbus correctional facility deteriorating prison nearly years old subject litigation conditions confinement preliminary order enjoining racially segregative punitive practices see stewart rhodes supp sd ohio district may well correct abstract prison overcrowding double celling existed southern ohio correctional facility generally results serious harm inmates cases decided abstract obligation examine actual effect challenged conditions upon prisoners district case unable identify actual signs double celling southern ohio correctional facility seriously harmed inmates indeed findings fact suggest crowding prison reached point causing serious injury since conclude totality conditions facility offends constitutional norms view double celling per se impermissible concur judgment among prisons prison systems placed order conditions confinement challenged eighth fourteenth amendments alabama see pugh locke supp md aff modified rev part grounds per curiam arizona see harris cardwell dc consent decree arkansas see finney mabry supp ed ark consent decree colorado see ramos lamm cert denied delaware see anderson redman supp del florida see costello wainwright supp md aff vacated rehearing grounds en banc rev aff remand en banc per curiam georgia see guthrie caldwell sd consent decree illinois see lightfoot walker supp sd iowa see watson ray sd iowa kentucky see kendrick bland wd consent decree louisiana see williams edwards maryland see johnson levine supp md aff part nelson collins supp md aff part mississippi see gates collier missouri see burks teasdale new hampshire see laaman helgemoe supp nh new mexico see duran apodaca civil dc nm july consent decree new york see todaro ward ohio see addition case stewart rhodes supp ed ohio oklahoma see battle anderson oregon see capps atiyeh supp pennsylvania see hendrick jackson commw rhode island see palmigiano garrahy supp ri remanded tennessee see trigg blanton ch davidson vacated tenn may consideration changes conditions appeal pending sup texas see ruiz estelle supp sd tex see also feliciano barcelo supp pr barnes government virgin islands supp pending cases filed inmates challenging prison conditions national institute justice american prisons jails hereafter american prisons jails behooves us remember impossible written opinion convey pernicious conditions pain degradation ordinary inmates suffer within unconstitutionally operated prisons gruesome experiences youthful first offenders forcibly raped cruel justifiable fears inmates wondering called upon defend next violent assault sheer misery discomfort wholesale loss privacy prisoners housed one two three others foot cell suffocatingly packed together crowded dormitory physical suffering wretched psychological stress must endured sick injured obtain medical care incarcerated within prisons conditions experiences form content essence daily existence ruiz estelle supra upheld exercise wide discretion trial courts correct conditions confinement found unconstitutional hutto finney see american public health standards health services correctional institutions dept justice federal standards prisons jails standard see generally american prisons jails among causes rising number prison inmates increasing population increasing crime rates stiffer sentencing provisions restrictive parole practices see krajick boom resumes corrections magazine apr national institute law enforcement criminal justice national manpower survey criminal justice system moreover part problem instances attitude politicians officials course courts assume state legislatures prison officials insensitive requirements constitution ante emphasis added sad experience shown sometimes fact insensitive requirements see civil rights institutionalized hearings subcommittee constitution senate committee judiciary testimony assistant attorney general drew days palmigiano garrahy supp ri prison officials failed implement order reasons unrelated ability comply william nagel new jersey corrections official years frequent expert witness prison litigation testified every one lawsuits participated government officials worked systematic way impede fulfillment constitutionality within institutions civil rights institutionalized persons hearing subcommittee constitution senate committee judiciary stated learned experience resist correcting unconstitutional conditions operations pressed threat suit directive judiciary indeed recognized problem obstructionist official behavior affirmed award attorney fees arkansas prison officials failed comply order ground litigation conducted bad faith hutto finney extensive hearings concerning effect litigation correction unconstitutional conditions institutions congress emphatically endorsed role courts area passing civil rights institutionalized persons act pub stat et seq supp iv authorized attorney general bring suits federal behalf persons institutionalized unconstitutional conditions conference committee noted result litigation justice department participated conditions improved significantly dozens institutions across nation barbaric treatment adult juvenile prisoners curbed facing prospect suit attorney general voluntarily upgraded conditions institutions comply previously announced constitutional standards conf see also cruz beto federal courts sit supervise prisons enforce constitutional rights persons including prisoners unmindful prison officials must accorded latitude administration prison affairs prisoners necessarily subject appropriate rules regulations persons prison like individuals right petition government redress grievances course includes access prisoners courts purpose presenting complaints today adopts test see ante prison conditions alone combination may deprive inmates minimal civilized measure life necessities emphasis added see also hutto finney find error conclusion taken whole conditions isolation cells continued violate prohibition cruel unusual punishment emphasis added understand opinion disparage use experts assist courts functions indeed acknowledges expert opinion may helpful relevant circumstances ante assistance experts great value courts evaluating standards confinement although expert testimony alone suffice establish contemporary standards decency testimony help courts understand prevailing norms conditions particular prison may evaluated connection work organizations department justice american public health association commission accreditation corrections national sheriff association particularly valuable district rested judgment five considerations confinement prisoners rated capacity prison expert opinion concerning requirements time spent cells permanent character double celling supp sd ohio led appeals conclude district ruled practice double celling unconstitutional circumstances app pet cert five considerations cited district view separate aspects conditions prison rather merely embroider upon theme double celling unconstitutional overcrowding cells mitigated considerably freedom prisoners spend time away cells especially dayrooms inhabitants cells cells hours day school work activities remainder spent six fewer hours week cells receiving status semiprotected status choice idle status choice ibid remainder administrative isolation infractions rules determined plenary hearing ibid trial case final judgment district prison implemented plan limiting double celling inmates free move facility hours per day brief petitioners true prison providing less square feet cell space per inmate per se violation eighth amendment approximately federal state local inmates today unconstitutionally confined see supra say injury inmates challenged prison conditions must demonstrate high degree specificity certainty ruiz estelle courts may usual employ common sense observation expert testimony practical modes proof see cf capps atiyeh evidence replete examples deleterious effects overcrowding prisoners mental physical health including increased health risks diminished access essential services fewer opportunities engage rehabilitative programs levels privacy quiet insufficient psychological exacerbated levels tension anxiety fear anderson redman found overcrowding caused severe physical psychological damage inmates increased incidence suicide attempted suicide theft assault homosexual rape destroyed privacy overtaxed sanitary facilities exacerbated problems filth noise vermin caused serious deterioration medical care fostered increased idleness broke classification incentive systems demoralized staff justice blackmun concurring judgment despite perhaps technically correct observation ante consider ing first time limitation eighth amendment imposes upon conditions state may confine convicted crimes obviously writing upon clean slate see hutto finney cf bell wolfish already concerns prison conditions constitutional significance expressed jackson bishop cited justice brennan justice marshall dissent believe one first cases federal examined state penitentiary practices held violative eighth amendment proscription cruel unusual punishments sat appeal privileged write opinion unanimous panel voting least one prison case since discloses concern conditions sometimes imposed upon confined human beings see bailey dissenting opinion perceive justice brennan obviously view separate writing possibility opinion case today might regarded language signal prison administrators federal courts adopt policy general deference administrators state legislatures deference purpose determining contemporary standards decency ante purpose determining whether conditions particular prison cruel unusual within meaning eighth amendment ante perhaps old attitude prevalent several decades ago join justice brennan opinion feel federal courts must continue available state inmates sincerely claim conditions subjected violative amendment properly points opinion ante incarceration necessarily constitutionally entails restrictions discomforts loss privileges complete freedom affords incarceration open door unconstitutional cruelty neglect kind penal condition constitution federal courts hoped together remain available bastion justice marshall dissenting reading opinion case one surely conclude southern ohio correctional facility socf safe spacious prison happens include many cells state determined best way run prison facility described majority one involved case socf overcrowded unhealthful dangerous none conditions results considered policy judgment part state opinion today absolutely one certainly state legislatures prison officials majority suggests see ante defer analyzing constitutional questions suggested forcing inmates share tiny cells designed hold one individual might good thing contrary district noted everybody agreement double celling undesirable one argued trial one contended double celling legislative policy judgment one asserted prison officials imposed disciplinary security matter one claimed practice anything whatsoever punish ing justly deter ring future crime return ing imprisoned persons society improved chance useful citizens see ante evidence district findings clearly demonstrate reason double celling imposed inmates socf individuals sent prison ever designed hold dispute state legislature indeed made policy judgments built socf decided ohio needed prison house inmates keeping prevailing expert opinion legislature made judgments inmate cell cell approximately square feet floor space prison overcrowding hundreds cells shared doubled hardly legislature intended doubled cell inmate square feet floor space windows building larger conclusion every expert testified trial every serious study aware inmate must least square feet floor space area smaller occupied automobile order avoid serious mental emotional physical deterioration district found fact supp sd ohio even petitioners brief concede double celling practiced socf less desirable brief petitioners eighth amendment embodies broad idealistic concepts dignity civilized standards humanity decency conditions confinement must judged estelle gamble quoting jackson bishop thus state impose punishment violates evolving standards decency mark progress maturing society trop dulles plurality opinion legislative judgment consistent conclusions studied problem provide considerable evidence standards condemn imprisonment conditions crowded serious harm result record amply demonstrates conditions present surely disputed socf severely overcrowded prison operating design capacity also significant inmates socf serving lengthy life sentences said elsewhere length confinement ignored deciding whether confinement meets constitutional standards hutto finney double celling response temporary problem trial found contested double celling enjoined continue foreseeable future trial also found inmates spend time cells simply true majority asserts evidence double celling circumstances either inflicts unnecessary wanton pain grossly disproportionate severity crimes warranting imprisonment ante district concluded record long exposure conditions necessarily involve excess limitation general movement well physical mental injury emphasis added course judges involved case trial judge one actually visited prison simply additional reason give case deference always accorded careful conclusions finder fact shred evidence suggest anyone given matter serious thought ever approved majority today conditions confinement present socf see reason set aside concurrent conclusions two courts overcrowding double celling issue sufficiently severe left unchecked cause deterioration respondents mental physical health conditions view go well beyond contemporary standards decency therefore violate eighth fourteenth amendments affirm judgment appeals majority state disagreement courts proper reading record end opinion goes adding unfortunate dicta may read warning federal courts interference state operation prisons taken literally majority admonitions might eviscerate federal courts traditional role preventing state imposing cruel unusual punishment conditions confinement majority concedes federal courts certainly responsibility scrutinize claims cruel unusual confinement ante adds apparent caveat discharging oversight responsibility however courts assume state legislatures prison officials insensitive requirements constitution perplexing sociological problems best achieve goals penal function criminal justice system punish justly deter future crime return imprisoned persons society improved chance useful citizens ibid society must punish transgress rules offense severe punishment proportionate severity punishment must always administered within limitations set constitution rising crime rates recent years alarming tendency toward simplistic penological philosophy lock prison doors throw away keys streets somehow safe current climate unrealistic expect legislators care whether prisons overcrowded harmful inmate health point conditions deplorable political process offers redress federal courts required constitution play role believe vital duty properly discharged district appeals case majority today takes step toward abandoning role altogether dissent experts agreement everybody single celling desirable supp sd ohio see bed alone doubled cells takes approximately square feet thus actual amount floor space per inmate without making allowance furniture room square feet area size typical door see american public health standard health services correctional institutions minimum sq commission accreditation corrections manual standards adult correctional institutions floor area least square feet case present use facility exceed designed use standards national institute justice american prisons jails square feet floor space institutions national sheriffs handbook jail architecture ingle occupancy detention rooms average square feet area dept justice federal standards prisons jails least square feet floor space national council crime delinquency model act protection rights prisoners crime delinquency less fifty square feet floor space confined sleeping area studies recommend even space inmates must spend hours per day cells one expert witness former warden rikers island testified experience double celling continued awful long stretch time expected lead assault behavior homosexual occurrences tr added skid row bums bowery flophouses tend live healthier surroundings inmates become apparent majority disagree weight given studies expert testimony emphasize majority pointed single witness study refuting even contradicting conclusion panel panel experts inmate needs absolute minimum square feet floor space avoid deterioration health dissenting opinion bell wolfish pointed majority ignored rated capacity institution determining whether challenged overcrowding unconstitutional opinion today least mentions socf operating rated capacity dismisses rating erhaps reflecting aspiration toward ideal environment confinement ante question us majority adds whether designer socf guessed incorrectly future prison population whether actual conditions confinement socf cruel unusual ante rated capacity majority argues irrelevant numerous factors influence prison population actually factors influence prison population irrelevant definition rated capacity represents number inmates confinement unit facility entire correctional agency hold national institute justice american prisons jails prison population whatever reason exceeds rated capacity prison must accommodate people designed hold short overcrowded greater proportion prison population exceeds rated capacity severe overcrowding certainly suggest rated capacity factor considered determining whether prison unconstitutionally overcrowded fail understand majority feels free dismiss entirely although majority suggests ante finding lacks clear basis trial also found fact inmates cells hours day leaves hours per day inside cell trial also found substantial number inmates cells four six hours per week majority assumes ante trial finding inmates cells hours day flatly inconsistent finding regulations permit inmates cells hours day majority goes reject first finding favor second reasonable course read two findings way give meaning thus read district opinion finding although inmates permitted cells hours day conditions prison many choose majority also attaches importance fact inmates locked cells four six hours week restrictive classification ibid clear matters inmates cells four six hours week three categories receiving category new inmates placed couple weeks voluntarily idle presumably means says limited activity inmates requested received protective custody immediately apparent classification categories justifies imposition otherwise cruel unusual punishment particular state surely lacks authority force individual choose possibility rape physical harm presumed reason request protective custody unconstitutionally cramped quarters majority asserts incorrectly inmates committed rule infractions ibid fact inmates commit infractions cells two hours week although dissent addressed particular plight beyond question punishment cruel unusual mere fact individual prisoner committed rule infraction warrant imposition see hutto finney findings district credited expert testimony close quarters likely increase incidence schizophrenia mental disorders double celling imposed case led increases tension aggressive characteristics dispute prison violent even became overcrowded become contrary contention majority ante assert violence increased due double celling accept finding district violence increased due overcrowding see plainly case involves much constitutionality double celling per se federal courts faced overcrowded conditions reached similar conclusions see campbell mcgruder app battle anderson detainees brooklyn house detention malcolm majority treatment expert evidence case also calls comment asserts expert opinions desirable prison may helpful relevant respect questions simply establish constitutional minima rather establish goals recommended organization question ante quoting bell wolfish less truism plainly advance analysis one suggest study matter competent ever establish constitutional rule rule established surely case expert evidence shed light whether rule violated cf brown board education using psychological studies show harm segregation thus even true majority asserts eighth amendment forbids punishment either inflicts unnecessary wanton pain grossly disproportionate severity crimes warranting imprisonment ante surely faced claim unconstitutionality want know whether anyone fact studied effect punishment issue deciding whether effect unconstitutional proportions indeed whether study competently done naturally remain function trial deemed expert opinion presented worthy considerable weight assessment conditions socf majority however casts aside without even token evaluation methodology content results studies district relied expert opinion little value majority implies even plaintiffs meritorious claims conditions confinement violate eighth amendment tremendous difficulty proving cases