johnson
california
et
argued
november
decided
february
california
department
corrections
cdc
unwritten
policy
racially
segregating
prisoners
double
cells
days
time
enter
new
correctional
facility
based
asserted
rationale
prevents
violence
caused
racial
gangs
petitioner
johnson
inmate
intermittently
policy
terms
ever
since
incarceration
filed
suit
alleging
policy
violates
fourteenth
amendment
right
equal
protection
district
ultimately
granted
defendant
former
cdc
officials
summary
judgment
grounds
entitled
qualified
immunity
ninth
circuit
affirmed
holding
policy
constitutionality
reviewed
deferential
standard
articulated
turner
safley
strict
scrutiny
policy
survived
turner
scrutiny
held
strict
scrutiny
proper
standard
review
equal
protection
challenge
cdc
policy
pp
cdc
policy
immediately
suspect
express
racial
classification
shaw
reno
ninth
circuit
erred
failing
apply
strict
scrutiny
thereby
require
cdc
demonstrate
policy
narrowly
tailored
serve
compelling
state
interest
see
adarand
constructors
pe
racial
classifications
imposed
government
must
analyzed
strict
scrutiny
order
illegitimate
uses
race
assuring
government
pursuing
goal
important
enough
warrant
highly
suspect
tool
richmond
croson
cdc
claim
policy
exempt
categorical
rule
neutral
prisoners
equally
segregated
ignores
repeated
command
racial
classifications
receive
close
scrutiny
even
may
said
burden
benefit
races
equally
shaw
supra
indeed
rejected
notion
separate
ever
equal
neutral
years
ago
brown
board
education
refuses
resurrect
today
previously
applied
heightened
standard
review
evaluating
racial
segregation
prisons
lee
washington
need
strict
scrutiny
less
important
perpetuating
notion
race
matters
racial
segregation
inmates
may
exacerbate
patterns
violence
said
counteract
shaw
supra
virtually
federal
government
manage
prison
systems
without
reliance
racial
segregation
fact
argues
possible
address
prison
security
concerns
individualized
consideration
without
using
racial
segregation
unless
warranted
necessary
temporary
response
serious
threat
violence
transferees
particular
cdc
already
evaluated
least
clear
individualized
determinations
possible
pp
declines
cdc
invitation
make
exception
categorical
strict
scrutiny
rule
instead
apply
turner
deferential
review
standard
ground
cdc
policy
applies
prison
context
never
applied
turner
standard
asks
whether
regulation
burdens
prisoners
fundamental
rights
reasonably
related
legitimate
penological
interests
right
discriminated
based
one
race
susceptible
turner
logic
right
need
necessarily
compromised
sake
proper
prison
administration
contrary
compliance
fourteenth
amendment
ban
racial
discrimination
consistent
proper
prison
administration
also
bolsters
legitimacy
entire
criminal
justice
system
cf
batson
kentucky
deference
particular
expertise
officials
managing
daily
prison
operations
require
relaxed
standard
relax
standard
review
racial
classifications
prison
lee
refuses
today
rather
explicitly
reaffirms
necessities
prison
security
discipline
lee
supra
compelling
government
interest
justifying
uses
race
narrowly
tailored
address
necessities
see
grutter
bollinger
turner
standard
allow
prison
officials
use
policies
even
means
accomplish
goal
even
policy
practice
advance
goal
lenient
standard
ferret
invidious
uses
race
contrary
cdc
protest
strict
scrutiny
render
prison
administrators
unable
address
legitimate
problems
violence
prisons
remand
cdc
burden
demonstrating
policy
narrowly
tailored
regard
new
inmates
well
transferees
pp
decide
whether
cdc
policy
violates
equal
protection
leaves
ninth
circuit
district
apply
strict
scrutiny
first
instance
see
consolidated
rail
corporation
gottshall
reversed
remanded
delivered
opinion
kennedy
souter
ginsburg
breyer
joined
ginsburg
filed
concurring
opinion
souter
breyer
joined
stevens
filed
dissenting
opinion
thomas
filed
dissenting
opinion
scalia
joined
rehnquist
took
part
decision
case
garrison
johnson
petitioner
california
et
al
writ
certiorari
appeals
ninth
circuit
february
justice
delivered
opinion
california
department
corrections
cdc
unwritten
policy
racially
segregating
prisoners
double
cells
reception
centers
days
time
enter
new
correctional
facility
consider
whether
strict
scrutiny
proper
standard
review
equal
protection
challenge
policy
cdc
institutions
house
new
male
inmates
male
inmates
transferred
state
facilities
reception
centers
days
upon
arrival
time
prison
officials
evaluate
inmates
determine
ultimate
placement
assignments
reception
centers
based
number
factors
predominantly
race
fact
cdc
admitted
chances
inmate
assigned
cellmate
another
race
retty
zero
percent
app
pet
cert
cdc
subdivides
prisoners
within
racial
group
thus
housed
separately
northern
california
hispanics
separated
southern
california
hispanics
cdc
asserted
rationale
practice
necessary
prevent
violence
caused
racial
gangs
brief
respondents
cites
numerous
incidents
racial
violence
cdc
facilities
identifies
five
major
prison
gangs
state
mexican
mafia
nuestra
familia
black
guerilla
family
aryan
brotherhood
nazi
low
riders
cdc
also
notes
culture
violent
murderous
associate
warden
testified
race
considered
making
initial
housing
assignments
certain
racial
conflict
cells
yard
app
prison
officials
also
expressed
belief
violence
conflict
result
prisoners
segregated
see
cdc
claims
must
therefore
segregate
inmates
determines
whether
pose
danger
others
see
brief
respondents
exception
double
cells
reception
areas
rest
state
prison
facilities
dining
areas
yards
cells
fully
integrated
initial
period
prisoners
allowed
choose
cellmates
cdc
usually
grants
inmate
requests
housed
together
unless
security
reasons
denying
garrison
johnson
inmate
custody
cdc
incarcerated
since
time
housed
number
california
prison
facilities
fourth
amended
complaint
record
doc
upon
arrival
folsom
prison
time
transferred
new
facility
thereafter
johnson
another
inmate
see
ibid
johnson
filed
complaint
pro
se
district
central
district
california
february
alleging
cdc
housing
policy
violated
right
equal
protection
fourteenth
amendment
assigning
cellmates
basis
race
alleged
former
cdc
director
james
rowland
instituted
enforced
unconstitutional
policy
housing
inmates
according
race
second
amended
complaint
record
doc
johnson
made
allegations
former
director
james
gomez
period
filing
complaint
ibid
district
dismissed
complaint
failure
state
claim
appeals
ninth
circuit
reversed
remanded
holding
johnson
stated
claim
racial
discrimination
violation
equal
protection
clause
fourteenth
amendment
johnson
california
remand
johnson
appointed
counsel
granted
leave
amend
complaint
july
filed
fourth
amended
complaint
record
doc
johnson
claimed
cdc
policy
racially
segregating
inmates
cells
violated
rights
equal
protection
clause
johnson
sought
damages
alleging
former
cdc
directors
rowland
gomez
individual
capacities
violated
constitutional
rights
formulating
implementing
cdc
housing
policy
also
sought
injunctive
relief
former
cdc
director
stephen
cambra
johnson
consistently
challenged
cdc
consistently
defended
policy
whole
relates
new
inmates
inmates
transferred
facilities
johnson
first
segregated
new
inmate
entered
cdc
facility
folsom
since
segregated
time
transferred
new
facility
thus
subject
cdc
policy
new
inmate
inmate
transferred
one
facility
another
discovery
parties
moved
summary
judgment
district
granted
summary
judgment
defendants
grounds
entitled
qualified
immunity
conduct
clearly
unconstitutional
appeals
ninth
circuit
affirmed
held
constitutionality
cdc
policy
reviewed
deferential
standard
articulated
turner
safley
strict
scrutiny
applying
turner
held
johnson
burden
refuting
connection
policy
prison
violence
though
believed
close
case
appeals
concluded
policy
survived
turner
deferential
standard
appeals
denied
johnson
petition
rehearing
en
banc
judge
ferguson
joined
three
others
dissented
grounds
panel
decision
ignore
repeated
unequivocal
command
racial
classifications
imposed
government
must
analyzed
reviewing
strict
scrutiny
fail
ed
recognize
turner
analysis
inapplicable
cases
one
right
asserted
inconsistent
legitimate
penological
objectives
internal
quotation
marks
citations
omitted
granted
certiorari
decide
standard
review
applies
ii
held
racial
classifications
imposed
government
must
analyzed
reviewing
strict
scrutiny
adarand
constructors
pe
emphasis
added
strict
scrutiny
government
burden
proving
racial
classifications
narrowly
tailored
measures
compelling
governmental
interests
ibid
insisted
strict
scrutiny
every
context
even
benign
racial
classifications
university
admissions
policies
see
grutter
bollinger
preferences
government
contracts
see
adarand
supra
districting
intended
improve
minority
representation
see
shaw
reno
reasons
strict
scrutiny
familiar
racial
classifications
raise
special
fears
motivated
invidious
purpose
thus
admonished
time
bsent
searching
judicial
inquiry
justification
measures
simply
way
determining
classifications
fact
motivated
illegitimate
notions
racial
inferiority
simple
racial
politics
richmond
croson
plurality
opinion
therefore
apply
strict
scrutiny
racial
classifications
illegitimate
uses
race
assuring
government
pursuing
goal
important
enough
warrant
use
highly
suspect
tool
cdc
claims
policy
exempt
categorical
rule
neutral
neither
benefits
burdens
one
group
individual
group
individual
brief
respondents
words
strict
scrutiny
apply
prisoners
equally
segregated
cdc
argument
ignores
repeated
command
racial
classifications
receive
close
scrutiny
even
may
said
burden
benefit
races
equally
shaw
supra
indeed
rejected
notion
separate
ever
equal
neutral
years
ago
brown
board
education
refuse
resurrect
today
see
also
powers
ohio
rejecting
argument
peremptory
challenges
permissible
applied
equally
white
black
jurors
holding
axiomatic
racial
classifications
become
legitimate
assumption
persons
suffer
equal
degree
previously
applied
heightened
standard
review
evaluating
racial
segregation
prisons
lee
washington
per
curiam
upheld
decision
striking
alabama
policy
segregation
prisons
alabama
argued
desegregation
undermine
prison
security
discipline
rejected
contention
three
justices
concurred
make
explicit
something
left
gathered
implication
opinion
prison
authorities
right
acting
good
faith
particularized
circumstances
take
account
racial
tensions
maintaining
security
discipline
good
order
prisons
jails
ibid
emphasis
added
concurring
justices
emphasized
unwilling
assume
state
local
prison
authorities
might
mistakenly
regard
explicit
pronouncement
evincing
dilution
firm
commitment
fourteenth
amendment
prohibition
racial
discrimination
ibid
need
strict
scrutiny
less
important
prison
officials
cite
racial
violence
reason
policy
recognized
past
racial
classifications
threaten
stigmatize
individuals
reason
membership
racial
group
incite
racial
hostility
shaw
supra
citing
croson
supra
plurality
opinion
emphasis
added
indeed
insisting
inmates
housed
inmates
race
possible
prison
officials
breed
hostility
among
prisoners
reinforce
racial
ethnic
divisions
perpetuating
notion
race
matters
racial
segregation
inmates
may
exacerbate
patterns
violence
said
counteract
shaw
supra
see
also
trulson
marquart
caged
melting
pot
toward
understanding
consequences
desegregation
prisons
law
soc
rev
study
prison
desegregation
finding
years
rate
violence
inmates
segregated
race
double
cells
surpassed
rate
among
racially
integrated
see
also
brief
former
state
corrections
officials
amici
curiae
opinion
former
corrections
officials
six
racial
integration
cells
tends
diffuse
racial
tensions
thus
diminish
interracial
violence
blanket
policy
racial
segregation
inmates
contrary
sound
prison
management
cdc
policy
unwritten
although
california
claimed
oral
argument
two
follow
similar
policy
see
tr
oral
arg
assertion
unsubstantiated
unable
confirm
deny
virtually
federal
government
manage
prison
systems
without
reliance
racial
segregation
see
brief
amicus
curiae
federal
regulations
governing
federal
bureau
prisons
bop
expressly
prohibit
racial
segregation
cfr
bop
staff
shall
discriminate
inmates
basis
race
religion
national
origin
sex
disability
political
belief
includes
making
administrative
decisions
providing
access
work
housing
programs
contends
racial
integration
actually
leads
less
violence
bop
institutions
better
prepares
inmates
society
brief
amicus
curiae
indeed
argues
based
experience
bop
possible
address
concerns
prison
security
individualized
consideration
without
use
racial
segregation
unless
warranted
necessary
temporary
response
race
riot
serious
threat
violence
transferees
particular
cdc
already
evaluated
least
clear
individualized
determinations
possible
cdc
policy
express
racial
classification
immediately
suspect
shaw
therefore
hold
appeals
erred
failed
apply
strict
scrutiny
cdc
policy
require
cdc
demonstrate
policy
narrowly
tailored
serve
compelling
state
interest
cdc
invites
us
make
exception
rule
strict
scrutiny
applies
racial
classifications
instead
apply
deferential
standard
review
articulated
turner
safley
segregation
policy
applies
prison
context
decline
invitation
turner
considered
claim
missouri
prisoners
regulations
restricting
inmate
marriages
correspondence
unconstitutional
rejected
prisoners
argument
regulations
subject
strict
scrutiny
asking
instead
whether
regulation
burdened
prisoners
fundamental
rights
reasonably
related
legitimate
penological
interests
never
applied
turner
racial
classifications
turner
involve
racial
classification
cast
doubt
lee
think
unsurprising
applied
turner
test
rights
inconsistent
proper
incarceration
overton
bazzetta
see
also
pell
procunier
prison
inmate
retains
first
amendment
rights
inconsistent
status
prisoner
legitimate
penological
objectives
corrections
system
certain
privileges
rights
must
necessarily
limited
prison
context
see
estate
shabazz
awful
incarceration
brings
necessary
withdrawal
limitation
many
privileges
rights
retraction
justified
considerations
underlying
penal
quoting
price
johnston
thus
example
relied
turner
addressing
first
amendment
challenges
prison
regulations
including
restrictions
freedom
association
overton
supra
limits
inmate
correspondence
shaw
murphy
restrictions
inmates
access
courts
lewis
casey
restrictions
receipt
subscription
publications
thornburgh
abbott
work
rules
limiting
prisoners
attendance
religious
services
shabazz
supra
also
applied
turner
due
process
claims
involuntary
medication
mentally
ill
prisoners
washington
harper
restrictions
right
marry
turner
supra
right
discriminated
based
one
race
susceptible
logic
turner
right
need
necessarily
compromised
sake
proper
prison
administration
contrary
compliance
fourteenth
amendment
ban
racial
discrimination
consistent
proper
prison
administration
also
bolsters
legitimacy
entire
criminal
justice
system
race
discrimination
especially
pernicious
administration
justice
rose
mitchell
public
respect
system
justice
undermined
system
discriminates
based
race
cf
batson
kentucky
ublic
respect
criminal
justice
system
rule
law
strengthened
ensure
citizen
disqualified
jury
service
race
government
officials
permitted
use
race
proxy
gang
membership
violence
without
demonstrating
compelling
government
interest
proving
means
narrowly
tailored
society
whole
suffers
similar
reasons
used
turner
evaluate
eighth
amendment
claims
cruel
unusual
punishment
prison
judge
violations
amendment
deliberate
indifference
standard
rather
turner
reasonably
related
standard
see
hope
pelzer
asking
whether
prison
officials
displayed
indifference
inmate
health
safety
inmate
claimed
violated
rights
eighth
amendment
quoting
hudson
mcmillian
integrity
criminal
justice
system
depends
full
compliance
eighth
amendment
see
spain
procunier
kennedy
full
protections
eighth
amendment
certainly
remain
force
prison
whole
point
amendment
protect
persons
convicted
crimes
mechanical
deference
findings
state
prison
officials
context
eighth
amendment
reduce
provision
nullity
precisely
context
necessary
internal
quotation
marks
omitted
prison
context
government
power
apex
think
searching
judicial
review
racial
classifications
necessary
guard
invidious
discrimination
granting
cdc
exemption
rule
strict
scrutiny
applies
racial
classifications
undermine
unceasing
efforts
eradicate
racial
prejudice
criminal
justice
system
mccleskey
kemp
internal
quotation
marks
omitted
cdc
argues
eference
particular
expertise
prison
officials
difficult
task
managing
daily
prison
operations
requires
relaxed
standard
review
segregation
policy
brief
respondents
refused
defer
state
officials
judgments
race
areas
officials
traditionally
exercise
substantial
discretion
example
held
despite
broad
discretion
given
prosecutors
use
peremptory
challenges
using
challenges
strike
jurors
basis
race
impermissible
see
batson
supra
similarly
redistricting
context
despite
traditional
deference
given
design
electoral
districts
subjected
redistricting
plans
strict
scrutiny
draw
district
lines
based
predominantly
race
compare
generally
vieth
jubilier
partisan
gerrymandering
shaw
reno
racial
gerrymandering
relax
standard
review
racial
classifications
prison
lee
refuse
today
rather
explicitly
reaffirm
implicitly
held
lee
necessities
prison
security
discipline
compelling
government
interest
justifying
uses
race
narrowly
tailored
address
necessities
see
grutter
thomas
concurring
part
dissenting
part
citing
lee
principle
protecting
prisoners
violence
might
justify
narrowly
tailored
racial
discrimination
croson
harlan
dissenting
see
also
pell
entral
corrections
goals
institutional
consideration
internal
security
within
correctional
facilities
justice
thomas
subject
policies
prisons
turner
deferential
standard
review
view
judgments
whether
policies
necessary
better
left
first
instance
officials
run
nation
prisons
post
turner
lenient
standard
ferret
invidious
uses
race
turner
requires
policy
reasonably
related
legitimate
penological
interests
turner
allow
prison
officials
use
policies
even
means
accomplish
goal
even
policy
practice
advance
goal
see
case
reasoning
turner
appeals
agree
policy
actually
advances
cdc
legitimate
interest
might
reasonably
thought
policy
advance
see
also
turner
supra
warning
turner
least
restrictive
alternative
test
internal
quotation
marks
omitted
example
justice
thomas
world
prison
officials
segregate
visiting
areas
ground
racial
mixing
cause
unrest
racially
charged
prison
atmosphere
turner
prisoner
prove
riot
certainly
riot
ensue
society
well
prisons
contains
enough
racists
almost
interracial
interaction
potentially
lead
conflict
case
ferguson
dissenting
denial
rehearing
en
banc
indeed
justice
thomas
view
obvious
limit
permissible
segregation
prisons
readily
apparent
segregation
reception
centers
justified
segregation
dining
halls
yards
general
housing
areas
also
permissible
areas
potential
site
racial
violence
justice
thomas
approach
carry
day
even
blanket
segregation
policy
struck
lee
might
stand
chance
survival
prison
officials
simply
asserted
necessary
prison
management
therefore
reject
turner
standard
racial
classifications
prisons
make
rank
discrimination
easy
defend
cdc
protests
strict
scrutiny
handcuff
prison
administrators
render
unable
address
legitimate
problems
violence
prisons
see
also
post
thomas
dissenting
strict
scrutiny
strict
theory
fatal
fact
adarand
internal
quotation
marks
omitted
grutter
although
governmental
uses
race
subject
strict
scrutiny
invalidated
strict
scrutiny
preclude
ability
prison
officials
address
compelling
interest
prison
safety
prison
administrators
however
demonstrate
policies
narrowly
tailored
end
see
action
necessary
compelling
governmental
interest
action
violate
constitutional
guarantee
equal
protection
long
requirement
also
satisfied
fact
strict
scrutiny
applies
says
nothing
ultimate
validity
particular
law
determination
job
applying
strict
scrutiny
adarand
supra
juncture
determination
made
remand
cdc
burden
demonstrating
policy
narrowly
tailored
regard
new
inmates
well
transferees
prisons
dangerous
places
special
circumstances
present
may
justify
racial
classifications
contexts
circumstances
considered
applying
strict
scrutiny
designed
take
relevant
differences
account
iii
decide
whether
cdc
policy
violates
equal
protection
clause
hold
strict
scrutiny
proper
standard
review
remand
case
allow
appeals
ninth
circuit
district
apply
first
instance
see
consolidated
rail
corporation
gottshal
reversing
remanding
lower
apply
correct
legal
standard
first
instance
lucas
south
carolina
coastal
council
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
chief
justice
took
part
decision
case
garrison
johnson
petitioner
california
et
al
writ
certiorari
appeals
ninth
circuit
february
justice
ginsburg
justice
souter
justice
breyer
join
concurring
join
opinion
subject
reservation
expressed
grutter
bollinger
ginsburg
concurring
today
resoundingly
reaffirms
principle
racial
segregation
highly
suspect
justified
ground
persons
suffer
separation
equal
degree
ante
quoting
powers
ohio
join
declaration
without
reservation
write
separately
express
conviction
standard
review
control
judicial
inspection
every
official
race
classification
stated
recently
gratz
bollinger
dissenting
opinion
actions
designed
burden
groups
long
denied
full
citizenship
stature
sensibly
ranked
measures
taken
hasten
day
entrenched
discrimination
aftereffects
extirpated
see
also
grutter
ginsburg
dissenting
pretense
however
california
department
corrections
cdc
installed
segregation
policy
correct
inequalities
see
wechsler
nationalization
civil
liberties
civil
rights
supp
tex
experience
federal
prisons
see
ante
post
stevens
dissenting
strongly
suggests
cdc
assignment
new
inmates
transferees
administratively
convenient
may
necessary
safe
management
penal
institution
disagreeing
strict
scrutiny
properly
applies
racial
classifications
see
ante
agreeing
stereotypical
classification
hand
warrants
rigorous
scrutiny
join
opinion
garrison
johnson
petitioner
california
et
al
writ
certiorari
appeals
ninth
circuit
february
justice
stevens
dissenting
judgment
state
policy
segregating
prisoners
race
first
days
incarceration
well
first
days
transfer
one
facility
another
violates
equal
protection
clause
fourteenth
amendment
california
department
corrections
cdc
ample
opportunity
justify
policy
course
litigation
utterly
failed
whether
judged
strict
scrutiny
deferential
standard
set
turner
safley
cdc
incentive
proceedings
withhold
evidence
supporting
policy
cdc
made
offer
proof
suggest
remand
factual
development
serve
purpose
postpone
inevitable
therefore
agree
submission
amicus
curiae
hold
policy
unconstitutional
current
record
cdc
segregation
based
conclusive
presumption
housing
inmates
different
races
together
creates
unacceptable
risk
racial
violence
policy
logic
inmate
race
proxy
gang
membership
gang
membership
proxy
violence
cdc
however
offered
scant
empirical
evidence
expert
opinion
justify
use
race
even
minimal
level
constitutional
scrutiny
presumption
underlying
policy
undoubtedly
overbroad
cdc
made
effort
prove
fraction
new
transferred
inmates
members
gangs
shown
generally
interracial
violence
disproportionately
greater
intraracial
violence
prisons
proclivity
toward
racial
violence
unquestionably
varies
inmate
inmate
yet
cdc
applies
blunderbuss
policy
new
transferred
inmates
housed
double
cells
regardless
criminal
histories
records
previous
incarceration
cdc
policy
example
two
car
thieves
different
races
neither
history
gang
involvement
violence
matter
barred
housed
together
first
two
months
prison
result
derives
cdc
inflexible
judgment
integrated
living
conditions
simply
dangerous
never
countenanced
racial
prophylaxis
establish
link
integrated
cells
violence
cdc
relies
views
two
state
corrections
officials
attested
belief
members
different
races
lead
violence
violence
spill
prison
yards
one
officials
associate
warden
testified
follows
ith
asian
population
control
sergeants
careful
blacks
whites
hispanics
example
house
japanese
inmate
chinese
inmate
kill
wo
even
tell
laotians
vietnamese
cambodians
filipinos
careful
housing
asians
asians
culturally
heavy
app
musings
inspire
little
confidence
indeed
comment
supports
suspicion
policy
based
racial
stereotypes
outmoded
fears
dangers
racial
integration
give
credence
cynical
reflexive
conclusions
race
see
palmore
sidoti
classifying
persons
according
race
likely
reflect
racial
prejudice
legitimate
public
concerns
race
person
dictates
category
watson
memphis
rejecting
city
plea
delay
desegregating
public
facilities
neither
asserted
fears
violence
tumult
asserted
inability
preserve
peace
demonstrated
trial
anything
personal
speculations
vague
disquietudes
city
officials
real
risk
prejudice
whether
conscious
partly
underlies
cdc
policy
counsels
favor
relaxing
usual
deference
pay
corrections
officials
matters
instead
insist
hard
evidence
especially
given
california
policy
outlier
compared
nationwide
practice
federal
bureau
prisons
administers
institutions
similar
policy
applied
countless
state
penal
institutions
operated
without
policy
amici
brief
filed
six
former
state
corrections
officials
aggregate
years
experience
managing
prison
systems
wisconsin
georgia
oklahoma
kansas
alaska
washington
makes
clear
blanket
policy
even
temporary
segregation
runs
counter
great
weight
professional
opinion
sound
prison
management
see
brief
former
state
corrections
officials
amici
curiae
tellingly
cdc
point
two
texas
oklahoma
use
racial
status
assigning
inmates
prison
reception
areas
doubtful
record
policies
broad
inflexible
sweep
california
ultimately
beside
point
important
federal
government
vast
majority
address
threat
interracial
violence
prisons
without
resorting
expedient
segregation
support
policy
cdc
offers
poignant
evidence
prisons
infested
violent
gangs
striking
evidence
involves
series
riots
took
place
pelican
bay
state
prison
prison
houses
state
violent
criminal
offenders
including
validated
gang
members
transferred
prisons
riots
involved
interracial
intraracial
violence
serious
incident
involving
inmates
southern
hispanic
gang
members
joined
white
inmates
attacked
number
black
inmates
judicial
role
however
requires
scratch
surface
evidence
lest
sheer
gravity
threat
allowed
authorize
policy
justified
name
upon
inspection
cdc
post
hoc
generalized
evidence
gang
violence
tenuously
related
segregation
policy
significantly
cdc
cited
single
specific
incident
interracial
violence
cellmates
much
less
pattern
violence
prompted
adoption
unique
policy
years
ago
indication
antagonism
cellmates
played
role
recent
riots
cdc
mentions
despite
cdc
focus
prison
gangs
suggestion
gangs
recruit
new
inmates
committing
racial
violence
stays
reception
centers
cdc
cited
evidence
recruitment
identified
instances
new
inmates
committed
racial
violence
new
inmates
common
areas
yard
cafeteria
perhaps
cdc
evidence
might
provide
basis
arguing
pelican
bay
facilities
experienced
similar
riots
measures
justified
properly
tailored
see
lee
washington
black
concurring
even
incidents
cited
cdc
occurred
general
prison
population
relevant
conditions
reception
centers
provide
support
cdc
decision
apply
segregation
policy
reception
centers
without
regard
center
security
level
history
racial
violence
incidents
provide
support
policy
applicable
cellmates
common
areas
prison
disturbances
occurred
remain
fully
integrated
given
inherent
indignity
segregation
shameful
historical
connotations
one
might
assume
cdc
came
policy
last
resort
distressingly
evidence
cdc
ever
experimented
even
carefully
considered
methods
achieving
goals
policy
unwritten
reflects
think
evident
lack
deliberation
preceded
creation
specifically
cdc
failed
explain
alternative
automatic
segregation
rely
individualized
assessment
inmate
risk
violence
assigning
cell
reception
center
federal
bureau
prisons
state
systems
without
apparent
difficulty
inmates
transferred
one
facility
another
represent
approximately
subject
segregation
policy
cdc
simply
examine
prison
records
determine
known
gang
affiliations
ever
engaged
threatened
racial
violence
example
cdc
opportunity
observe
petitioner
almost
years
surely
cdc
determined
placement
without
subjecting
period
new
inmates
assignments
based
presentence
reports
contain
information
offense
conduct
criminal
record
personal
history
including
available
information
gang
affiliations
fact
state
law
requires
county
probation
officer
transmit
presentence
report
cdc
along
inmate
commitment
papers
see
cal
penal
code
ann
west
cal
rule
criminal
cases
west
supp
despite
rich
information
available
records
cdc
considers
records
rarely
assigning
inmates
cells
reception
centers
cdc
primary
explanation
administrative
inefficiency
records
says
simply
arrive
time
cdc
counsel
conceded
oral
argument
presentence
reports
fair
amount
information
stated
california
presentence
report
always
accompany
inmate
frequently
follows
period
time
later
county
tr
oral
arg
despite
requirement
contrary
counsel
informed
counties
preparing
presentence
reports
timely
fashion
ibid
similarly
regard
transferees
counsel
stated
prison
records
arrive
reception
centers
time
make
cell
assignments
even
inefficiencies
might
explain
temporary
expedient
cases
surely
justify
policy
state
interest
administrative
convenience
pitted
fourteenth
amendment
ban
racial
segregation
latter
must
prevail
serious
good
faith
consideration
workable
alternatives
achieve
desired
goal
grutter
bollinger
obvious
easy
alternatives
available
turner
conclusion
cdc
policy
unconstitutional
inescapable
regardless
standard
review
chooses
fact
cdc
failure
demand
timely
presentence
reports
prison
records
undercuts
sincerity
concern
inmate
security
reception
process
race
unreliable
necessarily
underinclusive
predictor
violence
without
information
found
records
risk
corrections
officials
example
house
together
inmates
race
nevertheless
members
rival
gangs
bloods
accordingly
agree
remand
appropriate
resolution
issue
qualified
immunity
respectfully
dissent
refusal
decide
basis
record
us
cdc
policy
unconstitutional
garrison
johnson
petitioner
california
et
al
writ
certiorari
appeals
ninth
circuit
february
justice
thomas
justice
scalia
joins
dissenting
questions
presented
case
require
us
resolve
two
conflicting
lines
precedent
one
hand
stresses
said
racial
classifications
reviewable
equal
protection
clause
must
strictly
scrutinized
gratz
bollinger
emphasis
added
quoting
adarand
constructors
pe
less
categorically
said
relaxed
standard
review
adopted
turner
safley
applies
circumstances
needs
prison
administration
implicate
constitutional
rights
washington
harper
emphasis
added
emphasizing
former
line
cases
majority
resolves
conflict
favor
strict
scrutiny
disagree
constitution
always
demanded
less
within
prison
walls
time
even
faced
constitutional
rights
less
fundamental
right
free
racial
discrimination
deferred
reasonable
judgments
officials
experienced
running
nation
prisons
good
reason
deference
case
california
oversees
roughly
inmates
prisons
breeding
ground
violent
prison
gangs
america
organized
along
racial
lines
atmosphere
california
racially
segregates
portion
inmates
part
prisons
brief
periods
days
state
arrange
permanent
housing
majority
concerned
sparing
inmates
indignity
stigma
racial
discrimination
ante
california
concerned
safety
saving
lives
respectfully
dissent
understand
case
one
must
understand
limited
policy
issue
requires
factual
background
opinion
provides
petitioner
garrison
johnson
black
inmate
california
department
corrections
cdc
currently
serving
sentence
murder
robbery
assault
deadly
weapon
app
johnson
began
serving
sentence
june
california
institution
men
chino
california
since
time
transferred
number
facilities
within
cdc
inmate
like
johnson
admitted
california
prison
system
transferred
cdc
institutions
housed
initially
brief
period
usually
days
one
california
prison
reception
centers
men
cdc
department
operations
manual
hereinafter
cdc
operations
manual
available
http
internet
materials
visited
available
clerk
case
file
centers
processed
newly
admitted
inmates
almost
inmates
returned
parole
inmates
admitted
reasons
portion
inmates
transferred
one
prison
another
california
dept
corrections
movement
prison
population
hereinafter
movement
prison
population
reception
center
prison
officials
limited
information
inmate
particularly
never
housed
cdc
facility
app
inmate
therefore
classified
prison
officials
place
inmate
appropriate
permanent
housing
process
cdc
evaluates
inmate
physical
mental
emotional
health
ibid
cdc
also
reviews
inmate
criminal
history
record
jail
assess
security
needs
classification
level
finally
cdc
investigates
whether
inmate
enemies
prison
ibid
process
determines
inmate
ultimate
housing
placement
nothing
race
process
underway
cdc
houses
inmate
cell
cell
dormitory
single
cells
available
reception
centers
reserved
inmates
present
special
security
problems
including
convicted
especially
heinous
crimes
need
protective
custody
see
cdc
operations
manual
end
spectrum
lower
risk
inmates
assigned
dormitories
app
placement
either
single
cell
dormitory
nothing
race
except
prison
officials
attempt
maintain
racial
balance
within
dormitory
inmates
placed
single
cells
dormitories
lead
fully
integrated
lives
cdc
distinguish
based
race
facilities
comes
jobs
meals
yard
recreation
time
vocational
educational
assignments
ibid
yet
prisoners
like
johnson
neither
require
confinement
single
cell
may
safely
housed
dormitory
cdc
houses
prisoners
double
cells
period
pairing
cellmates
race
indisputably
predominant
factor
california
reason
simple
prisons
dominated
violent
gangs
brief
respondents
largest
gangs
names
indicate
aryan
brotherhood
black
guerrilla
family
mexican
mafia
nazi
low
riders
la
nuestra
familia
organized
along
racial
lines
see
part
infra
according
state
housing
inmates
double
cells
without
regard
race
threatens
prison
discipline
also
physical
safety
inmates
staff
app
double
cells
especially
dangerous
risk
racial
violence
public
areas
prisons
high
tightly
confined
private
conditions
cells
hazard
even
violence
prison
staff
see
cells
without
going
inmates
cover
windows
prevent
staff
seeing
inside
cells
risk
violence
caused
privacy
grave
inmates
confined
cells
much
day
ibid
nevertheless
race
predominant
factor
pairing
cellmates
hardly
one
dividing
subset
inmates
based
race
cdc
divides
based
geographic
national
origin
example
hispanics
northern
southern
california
housed
together
reception
centers
often
belong
rival
gangs
la
nuestra
familia
mexican
mafia
respectively
likewise
chinese
japanese
inmates
housed
together
cambodians
filipinos
laotians
vietnamese
addition
geographic
national
origin
prison
officials
consider
host
factors
including
inmates
age
mental
health
medical
needs
criminal
history
gang
affiliation
instance
johnson
admitted
member
crips
black
street
gang
therefore
ineligible
housed
nonblack
inmates
brief
respondents
moreover
prison
officials
consider
race
assigning
inmates
double
cells
record
shows
inmates
necessarily
housed
inmates
race
period
hispanic
inmate
affiliated
crips
asked
housed
reception
center
black
inmate
example
prison
administrators
granted
request
app
requests
routinely
granted
period
prison
officials
complete
classification
process
transfer
inmate
reception
center
permanent
placement
prison
another
ii
traditionally
federal
courts
rarely
involved
administration
state
prisons
adopt
ing
broad
attitude
toward
problems
prison
administration
procunier
martinez
nation
history
citizens
claim
cover
constitution
upon
conviction
incarceration
defendants
forfeited
constitutional
rights
possessed
instead
rights
state
chose
extend
see
shaw
murphy
ruffin
commonwealth
recent
decades
however
decided
incarceration
divest
prisoners
constitutional
protections
see
wolff
mcdonnell
right
due
process
cruz
beto
per
curiam
right
free
exercise
religion
time
quickly
recognized
extension
constitution
demands
behind
prison
walls
accommodate
needs
prison
administration
reached
accommodation
turner
safley
adopted
unitary
deferential
standard
reviewing
prisoners
constitutional
claims
shaw
supra
standard
govern
johnson
claims
governed
host
claims
challenging
conditions
confinement
even
restricting
rights
issue
otherwise
occasioned
strict
scrutiny
turner
standard
cdc
policy
passes
constitutional
muster
reasonably
related
legitimate
penological
interests
well
turner
recognized
experienced
prison
administrators
judges
best
position
supervise
daily
operations
prisons
across
country
see
jones
north
carolina
prisoners
labor
union
courts
must
give
appropriate
deference
decisions
prison
administrators
procunier
supra
ourts
ill
equipped
deal
increasingly
urgent
problems
prison
administration
reform
turner
made
clear
deferential
standard
review
apply
inmates
constitutional
challenges
prison
policies
issue
turner
constitutionality
pair
missouri
prison
regulations
limiting
correspondence
inmate
marriages
analysis
proceeded
two
steps
first
recognized
prisoners
entirely
without
constitutional
rights
proof
listed
certain
constitutional
rights
retained
prisoners
including
right
protected
invidious
racial
discrimination
lee
washington
turner
second
concluded
prison
administrators
rather
courts
difficult
judgments
concerning
institutional
operations
quoting
jones
supra
courts
uphold
prison
regulations
impinge
constitutional
rights
reasonably
relate
legitimate
penological
interests
nowhere
suggest
lee
right
free
racial
discrimination
immune
turner
deferential
standard
review
contrary
made
quite
clear
standard
review
adopted
turner
applies
circumstances
needs
prison
administration
implicate
constitutional
rights
harper
emphasis
added
consistent
understanding
applied
turner
standard
host
constitutional
claims
prisoners
regardless
standard
review
apply
outside
prison
adhered
turner
despite
urged
adopt
different
standards
review
based
constitutional
provision
issue
see
harper
supra
turner
standard
review
appl
ies
cases
prisoner
asserts
prison
regulation
violates
constitution
prisoner
invokes
first
amendment
emphasis
added
estate
shabazz
take
opportunity
reaffirm
refusal
even
claims
made
first
amendment
substitute
judgment
difficult
sensitive
matters
institutional
administration
determinations
charged
formidable
task
running
prison
internal
quotation
marks
citation
omitted
emphasis
added
steadfast
adherence
makes
sense
turner
accommodation
constitution
demands
prison
administration
see
supra
apply
uniformly
prisoners
challenges
conditions
confinement
johnson
claims
even
claims
applied
turner
test
implicate
turner
rationale
fact
passage
bears
repeating
turner
explained
precisely
deference
judgments
california
prison
officials
necessary
subjecting
judgments
prison
officials
inflexible
strict
scrutiny
analysis
seriously
hamper
ability
anticipate
security
problems
adopt
innovative
solutions
intractable
problems
prison
administration
rule
also
distort
decisionmaking
process
every
administrative
judgment
subject
possibility
somewhere
conclude
less
restrictive
way
solving
problem
hand
courts
inevitably
become
primary
arbiters
constitutes
best
solution
every
administrative
problem
thereby
unnecessarily
perpetuating
involvement
federal
courts
affairs
prison
administration
internal
quotation
marks
alteration
omitted
majority
failure
heed
advice
inexplicable
especially
since
turner
recognized
growing
problem
prison
gangs
fact
intractable
problem
inside
america
prisons
racial
violence
driven
prison
gangs
see
dawson
delaware
thomas
dissenting
stefanow
mcfadden
anyone
familiar
prisons
understands
seriousness
problems
caused
prison
gangs
fueled
actively
virulent
racism
religious
bigotry
majority
decides
case
without
addressing
problems
racial
violence
poses
wardens
guards
inmates
throughout
federal
state
prison
systems
core
california
justification
policy
maintains
racially
separate
new
cellmates
thrown
together
close
confines
initial
admission
transfer
violence
erupt
dangers
california
seeks
prevent
real
see
brief
national
association
black
law
enforcement
officers
amicus
curiae
controlling
prison
gangs
central
challenge
facing
correctional
cers
administrators
carlson
prison
interventions
evolving
strategies
control
security
threat
groups
corrections
mgmt
winter
hereinafter
carlson
worst
gangs
highly
regimented
sophisticated
organizations
commit
crimes
ing
drug
trafficking
theft
murder
california
dept
justice
division
law
forcement
organized
crime
california
annual
report
california
legislature
available
http
fact
street
gangs
often
extension
prison
gangs
foot
soldiers
outside
ibid
willens
structure
content
exigencies
war
american
prison
law
years
rev
gang
membership
rise
percentage
prisoners
affiliated
prison
gangs
doubled
problem
prison
gangs
unique
california
history
like
least
five
major
gangs
country
aryan
brotherhood
black
guerrilla
family
mexican
mafia
la
nuestra
familia
texas
syndicate
originated
california
unsurprisingly
california
largest
number
inmates
correctional
system
country
including
federal
government
carlson
names
suggest
prison
gangs
like
aryan
brotherhood
black
guerrilla
family
organize
along
racial
lines
gangs
perpetuate
hate
violence
irwin
interracial
murders
assaults
among
inmates
perpetrated
gangs
brutality
particularly
severe
california
prisons
see
walker
gomez
describing
history
significant
racial
tension
violence
calipatria
state
prison
rymer
dissenting
app
describing
span
pelican
bay
prison
fewer
nine
major
riots
left
least
one
inmate
dead
many
wounded
backdrop
pervasive
racial
violence
california
racially
segregates
inmates
reception
centers
double
cells
brief
periods
days
time
state
assign
permanent
housing
viewed
context
light
four
factors
enunciated
turner
california
policy
constitutional
cdc
policy
reasonably
related
legitimate
penological
interest
alternative
means
exercising
restricted
right
remain
open
inmates
racially
integrating
double
cells
might
negatively
impact
prison
inmates
staff
administrators
obvious
easy
alternatives
cdc
policy
first
policy
reasonably
related
legitimate
penological
interest
turner
evidence
shows
johnson
never
contested
objective
california
policy
reducing
violence
among
inmates
staff
cells
designated
special
privileges
afforded
racial
group
app
prison
administrators
use
race
factor
making
initial
housing
assignments
solely
basis
potential
implications
prison
security
cdc
cell
assignment
practice
neutral
thornburgh
abbott
turner
supra
california
policy
bears
valid
rational
connection
interest
racial
component
prison
violence
impossible
prison
administrators
ignore
johnson
testified
afraid
violence
based
solely
color
combating
violence
inmate
arrival
transfer
new
prison
setting
critical
time
inmate
staff
alike
policy
protects
inmate
prisoners
prison
officials
gather
information
including
gang
affiliation
compatibility
inmates
app
connection
racial
violence
policy
makes
far
arbitrary
irrational
turner
supra
indeed
johnson
concedes
perfectly
constitutional
california
take
account
race
part
overall
analysis
proclivity
violence
based
upon
series
facts
existing
prison
tr
oral
arg
precisely
california
takes
account
host
factors
addition
race
geographic
national
origin
age
physical
size
mental
health
medical
needs
criminal
history
course
gang
affiliation
supra
california
simply
assign
inmates
double
cells
reception
centers
based
race
also
separates
intraracially
example
northern
southern
hispanics
violent
nonviolent
offenders
second
alternative
means
exercising
restricted
right
remain
open
inmates
like
johnson
turner
supra
cdc
submits
johnson
contest
facets
prison
life
fully
integrated
work
vocational
educational
assignments
dining
halls
exercise
yards
recreational
facilities
app
brief
detention
period
reception
center
inmates
may
select
cellmates
regardless
race
absence
overriding
security
concerns
simply
put
johnson
spent
continue
spend
vast
bulk
sentence
free
limitation
race
cellmate
third
johnson
fails
establish
accommodation
seeks
assigning
inmates
double
cells
without
regard
race
significantly
impact
prison
personnel
inmates
allocation
prison
resources
harper
turner
supra
prison
staff
see
double
cells
without
going
inmates
cover
windows
staff
see
inside
cells
app
limited
number
staff
oversee
many
cells
difficult
assist
inmates
staff
needed
several
places
one
time
ibid
coordinated
gang
attacks
nongang
cellmates
leave
prison
officials
unable
respond
effectively
event
diverting
prison
resources
monitor
cells
disrupts
services
elsewhere
fights
cells
likely
spill
exercise
yards
common
areas
ibid
see
also
turner
made
clear
accommodation
asserted
right
significant
effect
fellow
inmates
prison
staff
courts
particularly
deferential
informed
discretion
corrections
officials
see
also
white
morris
supp
sd
ohio
racially
integrated
double
celling
contributed
race
riot
people
murdered
california
prison
officials
view
racially
integrating
double
cells
reception
centers
lead
serious
precisely
sort
testimony
found
persuasive
turner
turner
supra
finally
johnson
shown
obvious
easy
alternatives
cdc
policy
turner
supra
johnson
contends
newly
admitted
inmates
prison
officials
need
look
information
available
presentence
report
must
accompany
convict
prison
see
cal
penal
code
ann
west
cal
rules
criminal
cases
rule
west
prison
officials
already
extent
indeed
gang
affiliation
race
first
factor
determining
initial
housing
assignments
app
race
becomes
predominant
factor
gang
affiliation
often
known
especially
regard
newly
admitted
inmates
appeals
pointed
little
chance
inmates
forthcoming
past
violent
episodes
criminal
gang
activity
provide
accurate
dependable
picture
inmate
see
also
app
even
cdc
manpower
resources
prescreen
new
inmates
receives
yearly
leafing
presentence
reports
tell
prison
officials
need
know
see
ante
stevens
dissenting
johnson
presents
closer
case
regard
segregation
prisoners
cdc
transfers
facilities
understand
california
less
need
segregate
prisoners
already
knows
great
deal
since
undergone
initial
classification
process
housed
period
time
however
inevitably
mean
racially
integrating
transferred
inmates
obvious
easy
true
alternative
instance
inmate
may
affiliated
gang
since
cdc
last
official
assessment
past
lack
racial
violence
may
due
absence
close
confinement
members
races
cdc
policy
appear
arise
laziness
neglect
california
leader
institutional
see
carlson
cdc
devotes
intelligence
staff
gathering
verifying
information
prisons
streets
short
applying
policy
transfers
arbitrary
irrational
requiring
set
aside
considered
contrary
judgment
prison
administrators
turner
supra
iii
majority
claims
strict
scrutiny
applicable
standard
review
based
precedents
general
skepticism
racial
classifications
wrong
scores
lee
washington
per
curiam
considered
constitutionality
racial
classifications
prisons
majority
claims
lee
applied
heightened
standard
review
ante
lee
address
applicable
standard
review
even
bore
standard
review
lee
support
state
lee
district
ordered
alabama
desegregate
prisons
brown
board
education
washington
lee
supp
md
district
rejected
notion
consideration
prison
security
discipline
justified
complete
permanent
segregation
races
alabama
penal
facilities
however
district
noted
isolated
instances
prison
security
discipline
necessitates
segregation
races
limited
period
ibid
omitted
provided
one
example
used
large
municipal
jails
intoxicated
persons
placed
upon
initial
incarceration
kept
become
sober
left
unmentioned
necessary
separate
drunk
whites
blacks
birmingham
saturday
night
per
curiam
opinion
affirmed
district
order
found
unexceptionable
district
general
rule
wholesale
segregation
penal
facilities
unconstitutional
also
district
allowance
necessities
prison
security
discipline
lee
indeed
justices
black
harlan
stewart
concurred
make
explicit
something
left
gathered
implication
opinion
prison
authorities
right
acting
good
faith
particularized
circumstances
take
account
racial
tensions
maintaining
security
discipline
good
order
prisons
jails
ibid
emphasis
added
justices
unwilling
assume
explicit
pronouncement
evinc
dilution
firm
commitment
fourteenth
amendment
prohibition
racial
discrimination
ibid
lee
said
nothing
applicable
standard
review
need
surely
alabama
wholesale
segregation
prisons
unconstitutional
even
deferential
standard
review
applies
within
prisons
brief
per
curiam
opinion
lee
simply
bear
weight
interpretation
majority
places
see
bancorp
mortgage
bonner
mall
partnership
noting
customary
skepticism
toward
per
curiam
dispositions
lack
reasoned
consideration
full
opinion
edelman
jordan
yet
even
lee
announced
heightened
standard
review
prison
policies
pertain
race
lee
also
carved
exception
standard
california
policy
certainly
satisfy
lee
concurrence
explained
without
objection
exception
necessities
prison
security
discipline
meant
prison
authorities
right
acting
good
faith
particularized
circumstances
take
account
racial
tensions
maintaining
security
discipline
good
order
prisons
jails
lee
supra
opinion
black
harlan
stewart
concurring
emphasis
added
california
policy
far
cry
wholesale
segregation
issue
lee
fall
squarely
within
lee
exception
johnson
never
argued
california
policy
motivated
anything
desire
protect
inmates
staff
particularized
nature
policy
evident
applies
new
inmates
transfers
handful
prisons
double
cells
period
two
months
name
following
test
lee
create
majority
opts
demanding
standard
review
lee
language
even
arguably
supports
majority
heavily
relies
statement
racial
classifications
imposed
government
must
analyzed
reviewing
strict
scrutiny
ante
quoting
adarand
constructors
thomas
concurring
part
dissenting
part
none
statements
overruled
sub
silentio
turner
progeny
especially
since
repeatedly
held
constitutional
demands
diminished
unique
context
prisons
see
harper
questions
merely
lurk
record
neither
brought
attention
ruled
upon
considered
decided
constitute
precedents
majority
offers
various
reasons
applying
strict
scrutiny
none
persuasive
majority
main
reason
turner
test
applies
rights
proper
incarceration
ante
quoting
overton
bazzetta
according
majority
question
thus
whether
right
need
necessarily
compromised
sake
proper
prison
administration
ante
test
begs
question
heart
case
know
whether
particular
right
inconsistent
proper
prison
administration
must
implicit
notion
proper
prison
look
like
administered
overton
supra
thomas
concurring
judgment
issue
case
whether
permissible
majority
test
eviscerates
turner
inquiring
whether
given
right
consistent
proper
prison
administration
calls
precisely
sort
judgments
turner
said
courts
ill
equipped
make
none
cases
deferred
judgments
prison
officials
turner
examine
whether
proper
prison
security
discipline
permitted
greater
speech
associational
rights
abbott
supra
shaw
overton
supra
expanded
access
courts
lewis
casey
broader
freedom
bodily
restraint
harper
supra
additional
free
exercise
rights
steadfastly
refused
undertake
threshold
inquiry
turner
settled
majority
today
resurrects
good
reason
turner
pointed
judgments
better
left
first
instance
officials
run
nation
prisons
judges
run
courts
place
usual
deference
majority
gives
conclusive
force
guesswork
proper
prison
administration
hypothesizes
california
policy
might
incite
rather
diminish
racial
ante
see
also
ante
stevens
dissenting
majority
speculations
implausible
new
arrivals
strong
interest
promptly
convincing
inmates
willingness
use
violent
force
see
brief
national
association
black
law
enforcement
officers
amicus
curiae
citing
commentary
congressional
findings
cf
santiago
describing
one
hispanic
inmate
murder
another
order
join
mexican
mafia
silverstein
prospective
members
aryan
brotherhood
must
make
bones
commit
murder
eligible
membership
event
majority
guesswork
falls
far
short
compelling
showing
needed
overcome
deference
owe
prison
administrators
majority
contends
put
burden
state
actors
demonstrate
policies
justified
ante
refused
defer
state
officials
judgments
race
areas
officials
traditionally
exercise
substantial
discretion
ante
yet
two
terms
ago
upholding
university
michigan
law
school
program
deferred
judgment
law
school
faculty
administrators
need
diversity
student
body
see
grutter
supra
law
school
educational
judgment
diversity
essential
educational
mission
one
defer
deference
seem
warranted
prison
context
whatever
knows
administering
educational
institutions
knows
much
less
administering
penal
ones
potential
consequences
judgments
prison
administrators
also
much
severe
see
white
morris
supp
sd
ohio
racially
integrated
double
celling
resulted
federal
consent
decree
factor
worst
prison
riot
ohio
history
important
explained
recognized
typically
exacting
review
applies
restrictions
fundamental
rights
must
relaxed
unique
context
prisons
see
harper
supra
abbott
turner
majority
fall
back
constitution
usual
demands
demands
always
lessened
inside
prison
walls
see
supra
majority
also
mentions
california
policy
may
one
kind
virtually
federal
government
manage
prison
systems
without
racially
segregating
inmates
ante
irrelevant
doubtful
irrelevant
number
followed
california
lead
matters
applicable
standard
review
issue
today
decides
whether
california
satisfies
whatever
standard
applies
question
majority
leaves
addressed
remand
words
uniqueness
california
policy
might
show
whether
policy
reasonable
narrowly
tailored
deciding
whether
apply
turner
strict
scrutiny
first
instance
must
depend
something
else
like
majority
test
commonness
california
housing
policy
irrelevant
strict
scrutiny
applies
claims
racial
discrimination
prisons
regardless
whether
policies
challenged
unusual
majority
assertion
doubtful
least
two
apply
similar
policies
newly
admitted
inmates
oklahoma
texas
like
california
assign
newly
admitted
inmates
racially
segregated
cells
prison
reception
similarity
surprising
like
california
texas
historically
severe
problems
prison
gangs
however
even
less
severe
problems
maintain
policies
like
california
necessary
deal
prison
violence
see
brief
utah
alabama
alaska
delaware
idaho
nevada
new
hampshire
north
dakota
amici
curiae
relatedly
wardens
maximum
security
facilities
report
inmates
assigned
racially
segregated
cells
apparently
permanent
basis
henderson
cullen
carroll
feinberg
race
rights
order
prison
national
survey
wardens
racial
integration
prison
cells
prison
survey
wardens
report
official
policy
racially
integrating
male
inmates
cells
presumably
remainder
prisons
inmates
assigned
racially
segregated
cells
policy
result
discretionary
decisions
wardens
rather
official
state
directives
ibid
event
ongoing
debate
best
way
reduce
racial
violence
prisons
resolved
judicial
decree
job
prison
administrators
courts
make
difficult
judgments
concerning
institutional
operations
jones
majority
also
observes
already
carved
exception
turner
eighth
amendment
claims
cruel
unusual
punishment
prison
see
hope
pelzer
context
held
prison
official
indifference
substantial
risk
serious
harm
inmate
violates
eighth
amendment
farmer
brennan
setting
aside
whether
claims
challenging
inmates
conditions
confinement
cognizable
eighth
amendment
see
hudson
mcmillian
thomas
dissenting
deliberate
indifference
standard
bolster
majority
argument
anything
standard
deferential
judgments
prison
administrators
turner
test
subjects
prison
officials
liability
subjectively
aware
risk
inmate
fail
take
reasonable
measures
abate
risk
farmer
supra
certainly
demonstrate
wisdom
exception
imposes
heightened
standard
review
actions
prison
officials
moreover
majority
decision
subjects
prison
officials
competing
perhaps
conflicting
demands
case
california
prison
officials
uniformly
averred
random
poses
substantial
risk
serious
harm
celled
inmates
app
california
assigned
inmates
double
cells
without
regard
race
knowing
full
well
violence
might
result
seem
definition
deliberate
indifference
see
robinson
prunty
prisoner
alleged
eighth
amendment
violation
administrators
failed
consider
race
releasing
inmates
yards
jensen
clarke
held
random
double
celling
prison
officials
constituted
deliberate
indifference
affirmed
injunction
attorney
fees
awarded
officials
victimized
inmate
need
prove
prison
officials
anticipated
particular
attack
sufficient
prison
officials
ignored
dangerous
condition
chronic
ongoing
like
interracial
housing
closely
confined
quarters
within
prisons
dominated
racial
gangs
farmer
supra
farmer
prison
officials
ordered
take
account
thing
may
turn
blind
eye
inmates
race
finally
majority
presents
parade
horribles
designed
show
applying
turner
standard
grant
prison
officials
unbounded
discretion
segregate
inmates
throughout
prisons
see
ante
never
treated
turner
blank
check
prison
officials
quite
contrary
long
confidence
reasonableness
standard
toothless
abbott
internal
quotation
marks
omitted
california
prison
officials
segregate
double
cells
cells
particularly
difficult
monitor
unlike
dining
halls
yards
general
housing
areas
ante
california
policy
narrow
state
might
well
means
disposal
capable
accommodating
prisoners
rights
without
sacrificing
safety
see
turner
majority
say
turner
standard
ably
polices
constitutional
infirmities
racial
discrimination
event
refusal
apply
first
time
ever
strict
standard
review
prison
context
fundamentally
odds
constitutional
jurisprudence
ante
instead
majority
refusal
first
time
ever
defer
expert
judgment
prison
officials
iv
even
strict
scrutiny
analysis
possible
even
likely
prison
officials
show
current
policy
meets
test
ferguson
joined
pregerson
nelson
reinhardt
dissenting
denial
rehearing
en
banc
johnson
concedes
compelling
interest
maintaining
order
internal
security
within
prisons
see
reply
brief
petitioner
see
also
procunier
thus
question
remand
whether
cdc
policy
narrowly
tailored
serve
california
compelling
dissent
notes
absence
evidence
question
see
ante
opinion
stevens
hardly
california
fault
outset
johnson
alleged
terms
taken
turner
cdc
policy
related
legitimate
penological
interest
johnson
california
discussing
johnson
third
amended
complaint
reinstating
johnson
equal
protection
claim
following
district
dismissal
appeals
repeated
johnson
allegation
without
indicating
strict
scrutiny
apply
remand
district
ibid
remand
johnson
alleged
cdc
policy
reasonably
related
legitimate
penological
interests
cdc
app
fourth
amended
complaint
district
granted
qualified
immunity
defendants
johnson
appealed
brief
appeals
johnson
assumed
lee
turner
applied
without
arguing
tension
indeed
nowhere
brief
johnson
even
mention
words
strict
scrutiny
brief
appellant
pp
wl
perhaps
result
appeals
discuss
strict
scrutiny
second
decision
one
currently
appeals
find
tension
lee
turner
however
resolved
tension
turner
favor
yet
appeals
accepted
lee
test
face
value
prison
officials
may
make
racial
classifications
good
faith
particularized
circumstances
appeals
like
johnson
equate
lee
test
strict
scrutiny
fact
mentioned
strict
scrutiny
quoted
portion
turner
rejects
strict
scrutiny
proper
standard
review
prison
context
even
johnson
make
leap
equating
lee
strict
scrutiny
requested
appeals
rehear
case
appellant
petition
panel
rehearing
suggestion
rehearing
en
banc
pp
leap
first
made
judges
dissented
appeals
denial
rehearing
en
banc
ferguson
joined
pregerson
nelson
reinhardt
dissenting
denial
rehearing
en
banc
thus
california
close
discovery
subject
stringent
standard
reason
anticipate
johnson
pleadings
appeals
initial
decision
even
appeals
decision
circumstances
california
allowed
present
evidence
narrow
tailoring
evidence
never
obligated
present
either
appearance
district
see
lucas
south
carolina
coastal
council
remanding
consideration
correct
legal
standard
kennedy
concurring
judgment
although
establish
framework
remand
decide
ultimate
constitutional
question
facts
necessary
determination
developed
record
petitioner
garrison
johnson
challenges
permanent
temporary
segregation
portion
california
prisons
years
johnson
incarcerated
california
assigned
cellmate
race
year
probably
like
four
months
johnson
black
cellmates
years
choice
nothing
record
demonstrates
johnson
prisoner
requested
housed
person
different
race
denied
though
johnson
gang
affiliation
crips
might
stand
way
moreover
johnson
concedes
california
prisons
racially
violent
places
lives
fear
attacked
race
perhaps
remand
cdc
policy
survive
strict
scrutiny
event
johnson
may
well
pyrrhic
victory
footnotes
justice
thomas
takes
approach
racial
classifications
prisons
suggesting
compelling
showing
needed
overcome
deference
owe
prison
administrators
post
dissenting
opinion
deference
fundamentally
odds
equal
protection
jurisprudence
put
burden
state
actors
demonstrate
policies
justified
though
justice
thomas
points
see
post
inmates
reception
centers
oklahoma
texas
generally
assigned
randomly
racially
integrated
cells
also
case
inmates
precluded
integrated
cell
assignments
oklahoma
dept
corrections
policies
procedures
operations
memorandum
inmate
housing
available
http
visited
available
clerk
case
file
texas
dept
criminal
justice
security
memorandum
assignment
general
population
cells
june
see
also
brief
former
state
corrections
officials
amici
curiae
extent
race
considered
assignment
calculus
oklahoma
appears
one
factor
among
many
result
individualized
consideration
given
inmates
therefore
way
knowing
whether
practice
inmates
oklahoma
texas
like
california
close
chance
app
pet
cert
celled
person
different
race
see
also
brief
former
state
corrections
officials
amici
curiae
aware
state
california
assumes
every
incoming
prisoner
incapable
getting
along
cell
mate
different
race
aware
state
california
acted
assumption
adopting
inflexible
absolute
policy
racial
segregation
double
cells
reception
centers
justice
thomas
characterizes
cdc
policy
limited
one
see
post
cdc
policy
fact
sweeping
application
applies
prisoners
housed
double
cells
reception
centers
whether
newly
admitted
transferred
one
facility
another
moreover
despite
justice
thomas
suggestion
cdc
considers
nonracial
factors
determining
housing
placements
cdc
admitted
practice
retty
zero
percent
chance
inmate
housed
person
different
race
app
pet
cert
see
also
generally
post
stevens
dissenting
thus
despite
inmate
age
physical
size
mental
health
medical
needs
criminal
history
post
thomas
dissenting
fact
black
categorically
precludes
celled
white
inmate
explain
see
infra
decide
whether
threat
violence
california
prisons
sufficient
justify
broad
policy
footnotes
cdc
operates
prisons
house
reception
centers
new
inmates
inmates
transferring
prisons
funneled
one
reception
centers
permanently
placed
centers
inmates
housed
either
dormitories
double
cells
single
cells
cdc
segregation
policy
race
determinative
factor
placing
inmates
double
cells
regardless
factors
considered
decisions
corrections
official
years
experience
testified
exception
policy
granted
hispanic
inmate
raised
crips
app
cdc
suggestion
policy
therefore
flexible
see
brief
respondents
strains
credulity
evidence
cdc
routinely
allows
inmates
segregation
much
less
evidence
cdc
informs
inmates
supposed
right
explaining
prescreen
new
inmates
cdc
brief
concedes
segregating
transferred
inmates
unnecessary
see
brief
respondents
officials
necessary
information
assess
inmates
violence
potential
inmates
arrived
perhaps
different
practice
used
unlike
federal
system
inmates
generally
federal
custody
moment
arrested
state
inmates
county
custody
convicted
later
transferred
custody
cdc
turner
factors
boil
tailoring
test
conclude
cdc
policy
best
exaggerated
response
asserted
security
concerns
see
turner
safley
find
unnecessary
address
specifically
factors
whether
new
transferred
inmates
alternative
means
exercising
right
equal
protection
period
housing
segregation
indeed
case
demonstrates
ow
describes
standard
review
prison
regulation
infringes
fundamental
constitutional
rights
often
far
less
consequences
inmates
actual
showing
demands
state
order
uphold
regulation
stevens
concurring
part
dissenting
part
cdc
policy
may
counterproductive
ways
example
official
policy
segregation
may
initiate
new
arrivals
corrosive
culture
prison
racial
segregation
lending
credence
view
members
races
feared
racial
alliances
necessary
integrated
cells
encourage
inmates
gain
valuable
experiences
segregated
cells
may
well
facilitate
formation
gangs
see
brief
former
state
corrections
officials
amici
curiae
citing
evidence
experience
suggesting
racial
integration
cells
balance
decreases
interracial
violence
footnotes
johnson
never
requested
initial
admittance
subsequent
transfers
present
incarceration
housed
person
different
race
app
according
johnson
considered
policy
barrier
request
however
johnson
also
testified
never
filed
grievance
prison
officials
segregation
policy
neither
parties
majority
discusses
whether
johnson
exhausted
action
rev
stat
required
prison
litigation
reform
act
plra
stat
amended
see
booth
churner
majority
thus
assumes
statutorily
mandated
exhaustion
jurisdictional
california
waived
issue
failing
raise
see
richardson
goord
perez
wisconsin
dept
corrections
majority
refers
approach
one
accord
deference
judgments
state
prison
officials
see
ante
label
historically
inaccurate
approach
taken
prior
federal
courts
generally
declined
consider
merits
prisoners
claims
see
fliter
prisoners
rights
evolving
standards
decency
feeley
rubin
judicial
policy
making
modern
state
krantz
branham
cases
materials
law
sentencing
corrections
prisoners
rights
ed
prisoner
may
entirely
surrender
constitutional
rights
prison
gates
bell
wolfish
jones
north
carolina
prisoners
labor
union
certainly
leaves
liberties
behind
prisoner
makes
constitutional
claim
initial
question
whether
prisoner
possesses
right
issue
whether
instead
prisoner
divested
right
condition
conviction
confinement
see
overton
bazzetta
thomas
concurring
judgment
coffin
reichard
see
overton
supra
right
association
first
fourteenth
amendments
shaw
murphy
right
communicate
fellow
inmates
first
amendment
lewis
casey
right
access
courts
due
process
equal
protection
clauses
washington
harper
right
refuse
forced
medication
due
process
clause
thornburgh
abbott
right
receive
correspondence
first
amendment
estate
shabazz
right
free
exercise
religion
first
amendment
see
national
gang
crime
research
center
national
assessment
gangs
security
threat
groups
stgs
adult
correctional
institutions
results
adult
corrections
survey
http
see
fraise
terhune
describing
violence
caused
single
black
prison
gang
five
percent
nation
various
new
jersey
correctional
facilities
conroy
dingle
civ
wl
describing
rival
racial
gangs
minnesota
moose
lake
facility
medium
security
prison
see
prison
gangs
special
needs
offender
bulletin
federal
judicial
center
see
also
irwin
prisons
turmoil
hereinafter
irwin
describing
establishment
rise
gangs
inside
california
prison
system
first
mexican
mafia
followed
la
nuestra
familia
aryan
brotherhood
black
guerrilla
family
shryock
detailing
rise
mexican
mafia
inside
california
prison
system
see
describing
host
murders
attempted
murders
handful
mexican
mafia
members
silverstein
describing
murder
black
inmate
members
aryan
brotherhood
state
kell
utah
describing
fatal
stabbing
black
inmate
two
white
supremacists
state
farmer
en
banc
ing
murder
black
inmate
members
recruits
aryan
brotherhood
specifically
johnson
testified
incarcerated
calipatria
major
riot
broke
mexican
black
inmates
stayed
involved
four
facilities
facility
went
major
riot
lot
people
got
hurt
injured
based
skin
color
black
hurt
app
emphasis
added
see
cambra
declaration
race
disregarded
entirely
however
certain
based
upon
experience
cdc
prisoners
fights
cells
problems
emanate
onto
prison
yards
schulteis
declaration
disregard
initial
housing
placement
according
race
certain
serious
violence
among
inmates
worked
five
different
cdc
institutions
true
majority
sole
empirical
support
speculation
study
texas
prison
desegregation
found
rate
violence
higher
racially
segregated
double
cells
ante
citing
trulson
marquart
caged
melting
pot
toward
understanding
consequences
desegregation
prisons
law
soc
rev
however
study
authors
specifically
note
texas
like
california
integrate
initial
diagnostic
facilities
transfer
facilities
see
thus
study
says
nothing
violence
likely
result
integrating
cells
inmates
thrown
together
brief
periods
admittance
transfer
study
say
texas
time
gather
information
make
permanent
housing
assignments
racially
integrated
cells
may
preferred
option
california
leaves
open
door
inmates
generally
free
room
whomever
like
permanent
basis
see
oklahoma
dept
corrections
policies
procedures
operations
memorandum
inmate
housing
upon
arrival
assessment
reception
center
reasons
safety
security
newly
received
inmates
generally
assigned
randomly
racially
integrated
cells
available
http
texas
dept
criminal
justice
security
memorandum
assignment
general
population
cells
june
upon
arrival
reception
diagnostic
center
reasons
safety
security
offenders
generally
assigned
randomly
racially
integrated
cells
due
fact
specific
information
needed
assess
offender
criminal
victimization
history
available
diagnostic
processing
completed
majority
account
deference
judgments
prison
officials
application
strict
scrutiny
presumably
warranted
account
special
circumstances
prisons
present
ante
see
grutter
bollinger
although
disagree
deference
normally
appropriate
scrutinizing
racial
classifications
logic
majority
qualification
case
constitution
demands
always
diminished
prison
context
see
harper
appeals
cited
turner
lee
washington
per
curiam
proposition
certain
constitutional
protections
among
protection
racial
discrimination
extend
prison
setting
however
appeals
discuss
applicable
standard
review
attempt
resolve
tension
turner
lee
majority
finds