brown
governor
california
et
al
plata
et
argued
november
decided
may
california
prisons
designed
house
population
time
decision
review
population
almost
double
resulting
conditions
subject
two
federal
class
actions
coleman
brown
filed
district
found
prisoners
serious
mental
illness
receive
minimal
adequate
care
special
master
appointed
oversee
remedial
efforts
reported
years
later
state
mental
health
care
california
prisons
deteriorating
due
increased
overcrowding
plata
brown
filed
state
conceded
deficiencies
prison
medical
care
violated
prisoners
eighth
amendment
rights
stipulated
remedial
injunction
state
complied
injunction
appointed
receiver
oversee
remedial
efforts
three
years
later
receiver
described
continuing
deficiencies
caused
overcrowding
believing
remedy
unconstitutional
medical
mental
health
care
achieved
without
reducing
overcrowding
coleman
plata
plaintiffs
moved
respective
district
courts
convene
empowered
prison
litigation
reform
act
plra
order
reductions
prison
population
judges
actions
granted
request
cases
consolidated
single
hearing
testimony
making
extensive
findings
fact
ordered
california
reduce
prison
population
design
capacity
within
two
years
finding
prison
population
reduced
capacity
increased
new
construction
ordered
state
formulate
compliance
plan
submit
approval
held
population
limit
necessary
remedy
violation
prisoners
constitutional
rights
authorized
plra
pp
prison
deprives
prisoners
basic
sustenance
including
adequate
medical
care
courts
responsibility
remedy
resulting
eighth
amendment
violation
see
hutto
finney
must
consider
range
options
including
appointment
special
masters
receivers
possibility
consent
decrees
orders
limiting
prison
population
plra
may
limit
prison
population
convening
district
must
entered
order
less
intrusive
relief
failed
remedy
constitutional
violation
must
given
defendant
reasonable
time
comply
prior
orders
convened
must
find
clear
convincing
evidence
crowding
primary
cause
violation
relief
remedy
violation
relief
narrowly
drawn
extends
necessary
least
intrusive
means
necessary
correct
violation
must
give
substantial
weight
adverse
impact
public
safety
operation
criminal
justice
system
caused
relief
ibid
legal
determinations
reviewed
de
novo
factual
findings
reviewed
clear
error
pp
coleman
plata
courts
acted
reasonably
convening
pp
merits
decision
convene
properly
exercised
jurisdiction
determine
authority
including
whether
properly
constituted
gonzalez
automatic
employees
credit
union
pp
section
previous
order
requirement
satisfied
coleman
special
master
appointment
plata
approval
consent
decree
stipulated
injunction
orders
intended
remedy
constitutional
violations
given
ample
time
succeed
years
coleman
years
plata
contrary
state
claim
ii
reasonable
time
requirement
require
district
courts
give
time
subsequent
remedial
efforts
succeed
reading
effect
require
courts
impose
moratorium
new
remedial
orders
issuing
population
limit
delay
eventual
remedy
prolong
courts
involvement
serve
neither
state
prisoners
coleman
plata
courts
solid
basis
doubt
additional
efforts
build
new
facilities
hire
new
staff
achieve
remedy
given
ongoing
deficiencies
recently
reported
special
master
receiver
pp
err
finding
crowding
primary
cause
violation
pp
trial
record
documents
severe
impact
burgeoning
demand
provision
care
evidence
showed
high
vacancy
rates
medical
mental
health
staff
surgeons
psychiatrists
numbers
understated
severity
crisis
state
budgeted
sufficient
staff
meet
demand
even
vacant
positions
filled
insufficient
space
additional
staff
shortfall
contributes
significant
delays
treating
mentally
ill
prisoners
housed
administrative
segregation
extended
periods
awaiting
transfer
scarce
mental
health
treatment
beds
also
backlogs
prisoners
waiting
see
doctor
physical
care
crowding
creates
unsafe
unsanitary
conditions
hamper
effective
delivery
medical
mental
health
care
also
promotes
unrest
violence
cause
prisoners
latent
mental
illnesses
worsen
develop
overt
symptoms
increased
violence
requires
increased
reliance
lockdowns
keep
order
lockdowns
impede
effective
delivery
care
overcrowding
effects
particularly
acute
prison
reception
centers
process
new
returning
prisoners
annually
house
prisoners
entire
incarceration
period
numerous
experts
testified
crowding
primary
cause
constitutional
violations
pp
contrary
state
claim
properly
admitted
cited
considered
evidence
current
prison
conditions
relevant
issues
expert
witnesses
based
conclusions
recent
observations
prison
conditions
admitted
recent
reports
prison
conditions
receiver
special
master
parties
presented
testimony
related
current
conditions
orders
cutting
discovery
months
trial
excluding
evidence
pertinent
issue
whether
population
limit
appropriate
plra
within
sound
discretion
orderly
trial
management
may
require
discovery
deadlines
clean
distinction
litigation
merits
remedy
state
points
significant
evidence
unable
present
changed
outcome
pp
permissible
conclude
overcrowding
primary
cause
violations
reducing
crowding
entirely
cure
violations
understanding
primary
cause
requirement
consistent
plra
congress
intended
require
crowding
cause
plra
said
pp
evidence
supports
finding
relief
remedy
violation
ii
state
claim
transfers
provide
less
restrictive
alternative
population
limit
must
fail
requiring
transfers
population
limit
plra
even
regarded
less
restrictive
alternative
found
evidence
plans
transfers
numbers
sufficient
relieve
overcrowding
also
found
realistic
possibility
california
build
crisis
particularly
given
state
ongoing
fiscal
problems
rejected
additional
hiring
realistic
alternative
since
prison
system
chronically
understaffed
insufficient
space
adequate
personnel
retained
also
err
concluded
absent
population
reduction
receiver
special
master
continued
efforts
achieve
remedy
reports
persuasive
evidence
reduction
remedy
might
prove
unattainable
least
require
vast
expenditures
state
state
asserts
measures
succeed
combined
long
history
failed
remedial
orders
together
substantial
evidence
overcrowding
deleterious
effects
provision
care
compels
different
conclusion
pp
prospective
relief
ordered
narrowly
drawn
extended
necessary
correct
violation
least
intrusive
means
necessary
correct
violation
pp
population
limit
fail
narrow
tailoring
simply
prisoners
beyond
plaintiff
class
released
parole
sentencing
reform
order
meet
required
reduction
narrow
tailoring
requires
fit
remedy
ends
means
chosen
accomplish
ends
board
trustees
state
univ
fox
narrow
otherwise
proper
remedy
constitutional
violation
invalid
simply
collateral
effects
plra
require
result
order
gives
state
flexibility
determine
released
state
move
modify
terms
order
also
overbroad
encompasses
entire
prison
system
rather
separately
assessing
institution
need
population
limit
coleman
found
systemwide
violation
state
stipulated
systemwide
relief
plata
assuming
constitutional
violation
results
facilities
may
retain
populations
excess
limit
provided
others
fall
sufficiently
system
whole
remains
compliance
order
afford
state
flexibility
accommodate
differences
institutions
order
may
shape
control
state
authority
realm
prison
administration
leaves
much
state
discretion
order
limited
scope
necessary
remedy
constitutional
violation
state
may
move
modify
order
proposed
realistic
alternative
remedy
time
pp
gave
substantial
weight
potential
adverse
impact
public
safety
order
plra
substantial
weight
requirement
require
certify
order
possible
adverse
impact
public
statistical
evidence
showed
prison
populations
lowered
without
adversely
affecting
public
safety
california
counties
several
canada
found
various
available
methods
reducing
overcrowding
good
time
credits
diverting
offenders
community
programs
little
impact
public
safety
order
took
account
concerns
giving
state
substantial
flexibility
select
among
means
reducing
overcrowding
state
complains
approved
state
population
reduction
plan
without
considering
whether
specific
measures
substantially
threaten
public
safety
left
state
officials
choice
best
comply
required
exercise
discretion
developments
pendency
appeal
state
begun
reduce
prison
population
support
conclusion
reduction
accomplished
without
undue
negative
effect
public
safety
pp
order
subject
state
right
seek
modification
appropriate
circumstances
must
affirmed
pp
comply
plra
must
set
population
limit
highest
level
consistent
efficacious
remedy
must
order
population
reduction
achieved
shortest
period
time
reasonably
consistent
public
safety
pp
conclusion
prison
population
capped
design
capacity
clearly
erroneous
concluded
evidence
supported
limit
limit
supported
expert
testimony
federal
bureau
prisons
limit
recommended
state
corrections
independent
review
panel
plra
narrow
tailoring
requirement
satisfied
long
equitable
remedial
judgments
made
objective
releasing
fewest
possible
prisoners
consistent
efficacious
remedy
pp
err
providing
deadline
relief
especially
light
state
failure
contest
issue
trial
state
asked
extend
deadline
authority
responsibility
amend
order
warranted
exercise
sound
discretion
proper
respect
state
governmental
processes
require
exercise
jurisdiction
accord
state
considerable
latitude
find
mechanisms
make
plans
promptly
effectively
correct
violations
consistent
public
safety
may
grant
motion
extend
deadline
state
meets
appropriate
preconditions
designed
ensure
plan
implemented
without
undue
delay
observations
reflect
fact
existing
order
like
ongoing
equitable
relief
must
remain
open
appropriate
modification
intended
cast
doubt
validity
order
basic
premise
pp
affirmed
kennedy
delivered
opinion
ginsburg
breyer
sotomayor
kagan
joined
scalia
filed
dissenting
opinion
thomas
joined
alito
filed
dissenting
opinion
roberts
joined
edmund
brown
governor
ifornia
et
appellants
marciano
plata
et
al
appeal
district
courts
eastern
district
northern
district
california
may
justice
kennedy
delivered
opinion
case
arises
serious
constitutional
violations
california
prison
system
violations
persisted
years
remain
uncorrected
appeal
comes
district
order
directing
california
remedy
two
ongoing
violations
cruel
unusual
punishments
clause
guarantee
binding
due
process
clause
fourteenth
amendment
violations
subject
two
class
actions
two
federal
district
courts
first
involves
class
prisoners
serious
mental
disorders
case
coleman
brown
second
involves
prisoners
serious
medical
conditions
case
plata
brown
order
district
applicable
cases
years
litigation
became
apparent
remedy
constitutional
violations
absent
reduction
prison
system
authority
order
release
prisoners
remedy
cure
systemic
violation
eighth
amendment
power
reserved
district
district
accordance
rule
coleman
plata
district
judges
independently
requested
convened
chief
judge
appeals
ninth
circuit
convened
composed
coleman
plata
district
judges
third
ninth
circuit
judge
two
cases
interrelated
limited
consolidation
purpose
certain
utility
avoiding
conflicting
decrees
aiding
judicial
consideration
enforcement
state
objected
consolidation
although
state
argue
prematurely
convened
state
also
objects
substance
order
requires
state
reduce
overcrowding
prisons
appeal
presents
question
whether
remedial
order
issued
consistent
requirements
procedures
set
forth
congressional
statute
prison
litigation
reform
act
plra
see
appendix
infra
order
leaves
choice
means
reduce
overcrowding
discretion
state
officials
absent
compliance
new
construction
transfers
means
modification
order
upon
showing
state
state
required
release
number
prisoners
full
sentences
served
high
recidivism
rates
must
serve
warning
mistaken
premature
release
even
one
prisoner
cause
injury
harm
release
prisoners
large
numbers
assuming
state
finds
way
comply
order
matter
undoubted
grave
concern
time
trial
california
correctional
facilities
held
persons
nearly
double
number
california
prisons
designed
hold
california
ordered
reduce
prison
population
design
capacity
estimate
required
population
reduction
high
persons
although
state
reduced
population
least
persons
pendency
appeal
means
reduction
persons
required
noted
reduction
need
accomplished
indiscriminate
manner
substantial
numbers
alternate
remedies
means
compliance
devised
state
may
employ
measures
including
credits
diversion
offenders
technical
parole
violators
programs
mitigate
order
impact
population
reduction
potentially
required
nevertheless
unprecedented
sweep
extent
yet
continuing
injury
harm
resulting
serious
constitutional
violations
years
medical
mental
health
care
provided
california
prisons
fallen
short
minimum
constitutional
requirements
failed
meet
prisoners
basic
health
needs
needless
suffering
death
result
whole
course
years
litigation
pending
remedies
found
sufficient
efforts
remedy
violation
frustrated
severe
overcrowding
california
prison
system
short
term
gains
provision
care
eroded
effects
severe
pervasive
overcrowding
overcrowding
overtaken
limited
resources
prison
staff
imposed
demands
well
beyond
capacity
medical
mental
health
facilities
created
unsafe
conditions
make
progress
provision
care
difficult
impossible
achieve
overcrowding
primary
cause
violation
federal
right
specifically
severe
unlawful
mistreatment
prisoners
grossly
inadequate
provision
medical
mental
health
care
holds
plra
authorize
relief
afforded
case
population
limit
necessary
remedy
violation
prisoners
constitutional
rights
order
subject
right
state
seek
modification
appropriate
circumstances
must
affirmed
degree
overcrowding
california
prisons
exceptional
california
prisons
designed
house
population
time
decision
population
almost
double
state
prisons
operated
around
design
capacity
least
years
prisoners
crammed
spaces
neither
designed
intended
house
inmates
many
prisoners
may
live
gymnasium
monitored
two
three
correctional
officers
app
see
appendix
infra
many
prisoners
may
share
single
toilet
app
corrections
independent
review
panel
body
appointed
governor
composed
correctional
consultants
representatives
state
agencies
concluded
california
prisons
overcrowded
imperiling
safety
correctional
employees
inmates
juris
statement
hereinafter
juris
schwarzenegger
declared
state
emergency
prisons
action
necessary
prevent
death
harm
caused
california
severe
prison
overcrowding
consequences
overcrowding
identified
governor
include
substantial
risk
transmission
infectious
suicide
rate
average
one
per
week
ibid
prisoners
california
serious
mental
illness
receive
minimal
adequate
care
shortage
treatment
beds
suicidal
inmates
may
held
prolonged
periods
sized
cages
without
toilets
see
appendix
infra
psychiatric
expert
reported
observing
inmate
held
cage
nearly
hours
standing
pool
urine
unresponsive
nearly
catatonic
prison
officials
explained
place
put
app
inmates
awaiting
care
may
held
months
administrative
segregation
endure
harsh
isolated
conditions
receive
limited
mental
health
services
wait
times
mental
health
care
range
high
months
suicide
rate
california
prisons
nearly
higher
national
average
prison
populations
special
master
found
suicides
involved
measure
inadequate
assessment
treatment
intervention
therefore
probably
foreseeable
preventable
prisoners
suffering
physical
illness
also
receive
severely
deficient
care
california
prisons
designed
meet
medical
needs
population
design
capacity
half
clinical
space
needed
treat
current
population
correctional
officer
testified
one
prison
sick
inmates
may
held
together
cage
five
hours
awaiting
treatment
tr
number
staff
inadequate
prisoners
face
significant
delays
access
care
prisoner
severe
abdominal
pain
died
delay
referral
specialist
prisoner
constant
extreme
chest
pain
died
delay
evaluation
doctor
prisoner
died
testicular
cancer
failure
mds
work
cancer
young
man
months
testicular
pain
california
prison
health
care
receivership
imai
analysis
cdcr
death
reviews
pp
doctor
ronald
shansky
former
medical
director
illinois
state
prison
system
surveyed
death
reviews
california
prisoners
concluded
extreme
departures
standard
care
widespread
tr
proportion
possibly
preventable
preventable
deaths
extremely
high
many
prisoners
suffering
severe
conditions
experience
prolonged
illness
unnecessary
pain
conditions
subject
two
federal
cases
first
commence
coleman
brown
filed
coleman
involves
class
seriously
mentally
ill
persons
california
prisons
years
ago
trial
coleman
district
found
overwhelming
evidence
systematic
failure
deliver
necessary
care
mentally
ill
inmates
california
prisons
coleman
wilson
supp
ed
prisons
seriously
chronically
understaffed
effective
method
ensuring
competence
staff
prisons
failed
implement
necessary
procedures
due
large
measure
severe
understaffing
mentally
ill
inmates
languished
months
even
years
without
access
necessary
care
suffer
severe
hallucinations
decompensate
catatonic
ibid
appointed
special
master
oversee
development
implementation
remedial
plan
action
years
appointment
special
master
coleman
filed
report
stating
years
slow
improvement
state
mental
health
care
california
prisons
deteriorating
app
special
master
ascribed
change
increased
overcrowding
rise
population
led
greater
demand
care
existing
programming
space
staffing
levels
inadequate
keep
pace
prisons
retained
mental
health
staff
growth
resource
matched
rise
demand
time
need
space
rising
need
house
expanding
population
also
caused
reduction
programming
space
occupied
inmate
bunks
state
facing
four
gap
availability
sufficient
beds
meet
treatment
needs
many
ncreasing
numbers
truly
psychotic
trapped
lower
levels
treatment
meet
needs
ibid
special
master
concluded
many
early
achievements
succumbed
inexorably
rising
tide
population
leaving
behind
growing
frustration
despair
second
action
plata
brown
involves
class
state
prisoners
serious
medical
conditions
action
commenced
state
conceded
deficiencies
prison
medical
care
violated
prisoners
eighth
amendment
rights
state
stipulated
remedial
injunction
state
failed
comply
injunction
appointed
receiver
oversee
remedial
efforts
found
california
prison
medical
care
system
broken
beyond
repair
resulting
unconscionable
degree
suffering
death
app
found
uncontested
fact
average
inmate
one
california
prisons
needlessly
dies
every
six
seven
days
due
constitutional
deficiencies
california
prisons
medical
delivery
system
ibid
made
findings
regarding
specific
instances
neglect
including
following
san
quentin
prisoner
hypertension
diabetes
renal
failure
prescribed
two
different
medications
actually
served
exacerbate
renal
failure
optometrist
noted
patient
retinal
bleeding
due
high
blood
pressure
referred
immediate
evaluation
evaluation
never
took
place
year
later
patient
renal
failure
recognized
point
referred
nephrologist
urgent
basis
seen
specialist
within
days
consultation
never
happened
patient
died
three
months
later
citations
omitted
prisons
unable
retain
sufficient
numbers
competent
medical
staff
hire
doctor
license
pulse
pair
shoes
medical
facilities
lacked
necessary
medical
equipment
meet
basic
sanitation
standards
exam
tables
counter
tops
prisoners
communicable
diseases
treated
routinely
disinfected
ibid
three
years
district
decision
receiver
described
continuing
deficiencies
health
care
provided
california
prisons
timely
access
assured
number
medical
personnel
inadequate
competence
assured
adequate
housing
disabled
aged
exist
medical
facilities
exist
abysmal
state
disrepair
basic
medical
equipment
often
available
used
medications
treatment
options
often
available
needed
indeed
misnomer
call
existing
chaos
delivery
system
act
desperation
system
record
nd
cal
doc
report
receiver
detailed
impact
overcrowding
efforts
remedy
violation
receiver
explained
overcrowding
combined
staffing
shortages
created
culture
cynicism
fear
despair
makes
hiring
retaining
competent
clinicians
extremely
difficult
app
vercrowding
resulting
day
day
operational
chaos
prison
system
creates
regular
situations
take
time
energy
away
important
remedial
programs
overcrowding
increased
incidence
infectious
disease
led
rising
prison
violence
greater
reliance
custodial
staff
lockdowns
inhibit
delivery
medical
care
increase
staffing
necessary
care
every
day
receiver
reported
california
prison
wardens
health
care
managers
make
difficult
decision
class
actions
coleman
plata
fail
comply
staff
shortages
patient
loads
coleman
plata
plaintiffs
believing
remedy
unconstitutional
medical
mental
health
care
achieved
without
reducing
overcrowding
moved
respective
district
courts
convene
empowered
plra
order
reductions
prison
population
judges
actions
granted
request
cases
consolidated
single
state
challenged
validity
consolidation
proceedings
propriety
presented
appeal
heard
days
testimony
issued
opinion
making
extensive
findings
fact
ordered
california
reduce
prison
population
prisons
design
capacity
within
two
years
assuming
state
increase
capacity
new
construction
order
requires
population
reduction
persons
appears
certain
state
complete
sufficient
construction
comply
fully
order
prison
population
reduced
least
extent
order
state
achieve
reduction
particular
manner
instead
ordered
state
formulate
plan
compliance
submit
plan
approval
state
appealed
pursuant
postponed
consideration
question
jurisdiction
hearing
merits
schwarzenegger
plata
ii
consequence
actions
prisoners
may
deprived
rights
fundamental
liberty
yet
law
constitution
demand
recognition
certain
rights
prisoners
retain
essence
human
dignity
inherent
persons
respect
dignity
animates
eighth
amendment
prohibition
cruel
unusual
basic
concept
underlying
eighth
amendment
nothing
less
dignity
man
atkins
virginia
quoting
trop
dulles
plurality
opinion
incarcerate
society
takes
prisoners
means
provide
needs
prisoners
dependent
state
food
clothing
necessary
medical
care
prison
failure
provide
sustenance
inmates
may
actually
produce
physical
lingering
death
estelle
gamble
quoting
kemmler
see
generally
elsner
gates
injustice
crisis
america
prisons
prisoner
may
starve
fed
may
suffer
die
provided
adequate
medical
care
prison
deprives
prisoners
basic
sustenance
including
adequate
medical
care
incompatible
concept
human
dignity
place
civilized
society
government
fails
fulfill
obligation
courts
responsibility
remedy
resulting
eighth
amendment
violation
see
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finney
courts
must
sensitive
state
interest
punishment
deterrence
rehabilitation
well
need
deference
experienced
expert
prison
administrators
faced
difficult
dangerous
task
housing
large
numbers
convicted
criminals
see
bell
wolfish
courts
nevertheless
must
shrink
obligation
constitutional
rights
including
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cruz
beto
per
curiam
courts
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violations
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remedy
involve
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realm
prison
administration
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faced
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task
remedying
unconstitutional
prison
conditions
must
consider
range
available
options
including
appointment
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masters
receivers
possibility
consent
decrees
necessary
ensure
compliance
constitutional
mandate
courts
may
enter
orders
placing
limits
prison
population
terms
plra
restricts
circumstances
may
enter
order
purpose
effect
reducing
limiting
prison
population
order
case
necessarily
require
state
release
prisoners
state
may
comply
raising
design
capacity
prisons
transferring
prisoners
county
facilities
facilities
order
limits
prison
population
percentage
design
capacity
nonetheless
effect
reducing
limiting
prison
population
ibid
plra
may
enter
order
limiting
prison
population
may
convened
district
first
must
entered
order
less
intrusive
relief
failed
remedy
constitutional
violation
must
given
defendant
reasonable
time
comply
prior
orders
party
requesting
must
submit
materials
sufficient
demonstrate
requirements
met
district
concludes
materials
fact
sufficient
may
convened
ibid
see
also
stating
may
convened
district
determines
three
judges
required
wright
miller
cooper
amar
federal
practice
procedure
ed
must
find
clear
convincing
evidence
crowding
primary
cause
violation
federal
right
relief
remedy
violation
federal
right
award
prospective
relief
plra
relief
shall
extend
necessary
correct
violation
federal
right
particular
plaintiff
plaintiffs
must
therefore
find
relief
narrowly
drawn
extends
necessary
least
intrusive
means
necessary
correct
violation
federal
right
ibid
making
determination
must
give
substantial
weight
adverse
impact
public
safety
operation
criminal
justice
system
caused
relief
ibid
applying
standards
found
population
limit
appropriate
necessary
authorized
case
review
legal
determinations
de
novo
factual
findings
reviewed
clear
error
see
anderson
bessemer
city
deference
trial
factfinding
reflects
understanding
trial
judge
major
role
determination
fact
experience
fulfilling
role
comes
expertise
oversaw
two
weeks
trial
heard
considerable
length
california
prison
officials
well
experts
field
correctional
administration
judges
opportunity
ask
relevant
questions
witnesses
two
judges
overseen
ongoing
remedial
efforts
receiver
special
master
well
situated
make
difficult
factual
judgments
necessary
fashion
remedy
complex
intractable
constitutional
violation
findings
fact
may
reversed
left
firm
conviction
mistake
committed
quoting
gypsum
state
contends
error
convene
without
affording
time
comply
prior
orders
coleman
plata
parties
dispute
jurisdiction
review
determinations
coleman
plata
district
courts
convened
plaintiffs
claim
state
required
raise
issue
first
appeals
appealing
orders
district
courts
exercising
jurisdiction
however
hesitated
exercise
jurisdiction
determine
authority
including
whether
properly
constituted
gonzalez
automatic
employees
credit
union
quoting
bailey
patterson
per
curiam
see
also
gully
interstate
natural
gas
per
curiam
case
analogous
finding
acted
without
jurisdiction
exercises
appellate
jurisdiction
correct
improper
action
merits
decision
convene
therefore
properly
may
convened
consider
whether
enter
population
limit
plra
requires
previously
entered
order
less
intrusive
relief
failed
remedy
deprivation
federal
right
sought
remedied
provision
refers
order
satisfied
entered
one
order
order
failed
remedy
constitutional
violation
defendant
must
also
reasonable
amount
time
comply
previous
orders
ii
provision
refers
orders
requires
defendant
given
reasonable
time
comply
orders
together
requirements
ensure
resort
population
limit
imposed
first
step
inmates
occoquan
barry
cadc
first
conditions
previous
order
requirement
satisfied
coleman
appointment
special
master
satisfied
plata
approval
consent
decree
stipulated
injunction
orders
intended
remedy
constitutional
violations
given
ample
time
succeed
convened
years
passed
since
appointment
coleman
special
master
years
passed
since
approval
plata
consent
decree
state
claim
either
order
achieved
remedy
although
plra
entitles
state
terminate
remedial
orders
two
years
unless
district
finds
relief
remains
necessary
correct
current
ongoing
violation
federal
right
california
attempted
obtain
relief
basis
state
claims
instead
second
condition
reasonable
time
requirement
ii
met
later
remedial
efforts
given
time
succeed
coleman
district
judge
approved
revised
plan
action
calling
construction
new
facilities
hiring
new
staff
new
procedures
year
plata
district
judge
selected
appointed
receiver
oversee
state
ongoing
remedial
efforts
convened
receiver
filed
preliminary
plan
action
calling
new
construction
hiring
additional
staff
procedural
reforms
although
revised
plan
action
coleman
appointment
receiver
plata
new
developments
courts
remedial
efforts
basic
plan
solve
crisis
construction
hiring
procedural
reforms
remained
unchanged
efforts
ongoing
years
failed
consent
decree
plata
called
implementation
new
procedures
hiring
additional
staff
coleman
special
master
issued
orders
directed
achieving
remedy
construction
hiring
procedural
reforms
coleman
special
master
plata
receiver
unable
provide
assurance
substantially
similar
efforts
yield
success
absent
population
reduction
instead
coleman
special
master
explained
many
clinical
advances
painfully
accomplished
past
decade
away
result
overcrowding
app
plata
receiver
indicated
absent
reduction
overcrowding
successful
remedial
effort
bankrupt
state
california
app
engaged
remedial
efforts
years
plata
coleman
district
courts
required
wait
see
whether
recent
efforts
yield
equal
disappointment
attempts
remedy
entrenched
constitutional
violation
reform
complex
institution
statewide
prison
system
may
necessary
ordinary
course
issue
multiple
orders
directing
adjusting
ongoing
remedial
efforts
new
order
must
given
reasonable
time
succeed
reasonableness
must
assessed
light
entire
history
remedial
efforts
contrary
reading
reasonable
time
requirement
effect
require
district
courts
impose
moratorium
new
remedial
orders
issuing
population
limit
unnecessary
period
inaction
delay
eventual
remedy
prolong
courts
involvement
serving
neither
state
prisoners
congress
require
unreasonable
result
used
term
reasonable
coleman
plata
courts
solid
basis
doubt
additional
efforts
build
new
facilities
hire
new
staff
achieve
remedy
indeed
although
years
passed
since
appointment
plata
receiver
approval
revised
plan
action
coleman
indication
constitutional
violations
cured
report
filed
coleman
special
master
july
describes
ongoing
violations
including
absence
timely
access
appropriate
levels
care
every
point
system
app
report
filed
plata
receiver
october
likewise
describes
ongoing
deficiencies
provision
medical
care
concludes
simply
many
prisoners
healthcare
infrastructure
coleman
plata
courts
acted
reasonably
convened
without
delay
convened
must
find
additional
requirements
satisfied
may
impose
population
limit
first
requirements
crowding
primary
cause
violation
federal
right
found
primary
cause
requirement
satisfied
evidence
trial
found
overcrowding
strains
inadequate
medical
mental
health
facilities
overburdens
limited
clinical
custodial
staff
creates
violent
unsanitary
chaotic
conditions
contribute
constitutional
violations
frustrate
efforts
fashion
remedy
also
found
problem
overcrowding
overcome
impossible
provide
constitutionally
compliant
care
california
prison
population
juris
app
parties
dispute
standard
review
applicable
determination
respect
factual
findings
review
necessarily
deferential
place
duplicate
role
trial
anderson
ultimate
issue
primary
cause
presents
mixed
question
law
fact
mix
weighs
heavily
side
lilly
virginia
rehnquist
concurring
judgment
district
positioned
decide
issue
review
primary
cause
determination
deferential
salve
regina
college
russell
record
documents
severe
impact
burgeoning
demand
provision
care
time
trial
vacancy
rates
medical
mental
health
staff
ranged
high
surgeons
physicians
nurse
practitioners
psychiatrists
juris
app
percentages
based
number
positions
budgeted
state
ronald
shansky
former
medical
director
illinois
prison
system
concluded
numbers
understate
crisis
state
budgeted
sufficient
staff
meet
according
shansky
even
prisons
able
fill
vacant
health
care
positions
able
date
prisons
still
unable
handle
level
need
given
current
overcrowding
record
ed
cal
doc
hereinafter
doc
craig
haney
professor
psychology
reported
mental
health
staff
managing
far
larger
caseloads
appropriate
effective
app
prison
psychiatrist
told
haney
ibid
context
physical
care
shansky
agreed
demand
care
particularly
high
priority
cases
continues
overwhelm
resources
available
even
assumption
vacant
positions
filled
evidence
suggested
insufficient
space
necessary
additional
staff
perform
jobs
plata
receiver
report
overcrowding
concluded
even
newest
modern
prisons
designed
clinic
space
necessary
capacity
prisons
app
emphasis
deleted
haney
reported
ach
one
facilities
toured
short
significant
amounts
space
needed
perform
otherwise
critical
tasks
responsibilities
one
facility
staff
cared
prisoners
space
designed
many
juris
app
staff
operate
converted
storage
rooms
closets
bathrooms
shower
rooms
visiting
centers
makeshift
facilities
impede
effective
delivery
care
place
safety
medical
professionals
jeopardy
compounding
difficulty
hiring
additional
staff
shortfall
resources
relative
demand
contributes
significant
delays
treatment
mentally
ill
prisoners
housed
administrative
segregation
awaiting
transfer
scarce
mental
health
treatment
beds
appropriate
care
one
correctional
officer
indicated
kept
mentally
ill
prisoners
segregation
months
app
prisoners
awaiting
care
held
tiny
sized
cages
record
documents
instances
prisoners
committing
suicide
awaiting
delays
less
severe
context
physical
care
prisons
backlogs
prisoners
waiting
see
doctor
doc
review
referrals
urgent
specialty
care
one
prison
revealed
pending
referrals
scheduled
appointment
appointment
scheduled
occur
within
days
urgent
specialty
referrals
one
prison
pending
six
months
year
crowding
also
creates
unsafe
unsanitary
living
conditions
hamper
effective
delivery
medical
mental
health
care
medical
expert
described
living
quarters
converted
gymnasiums
dayrooms
large
numbers
prisoners
may
share
toilets
showers
grounds
disease
juris
app
cramped
conditions
promote
unrest
violence
making
difficult
prison
officials
monitor
control
prison
population
given
day
prisoners
general
prison
population
may
become
ill
thus
entering
plaintiff
class
overcrowding
may
prevent
immediate
medical
attention
necessary
avoid
suffering
death
spread
disease
one
prisoner
assaulted
crowded
gymnasium
prison
staff
even
learn
injury
prisoner
dead
several
hours
tr
living
crowded
unsafe
unsanitary
conditions
cause
prisoners
latent
mental
illnesses
worsen
develop
overt
symptoms
crowding
may
also
impede
efforts
improve
delivery
care
two
prisoners
committed
suicide
hanging
placed
cells
identified
requiring
simple
fix
remove
attachment
points
support
noose
repair
made
involve
removing
prisoners
cells
place
put
jeanne
woodford
former
acting
secretary
california
prisons
testified
simply
many
issues
arise
large
number
prisoners
result
spends
virtually
time
fighting
fires
instead
engaging
thoughtful
sort
needed
fashion
effective
remedy
constitutional
violations
juris
app
increased
violence
also
requires
increased
reliance
lockdowns
keep
order
lockdowns
impede
effective
delivery
care
prison
officials
instituted
lockdowns
average
lockdown
lasted
days
lockdowns
lasted
days
longer
ibid
lockdowns
staff
must
either
escort
prisoners
medical
facilities
bring
medical
staff
prisoners
either
procedure
puts
additional
strain
already
overburdened
medical
custodial
staff
programming
mentally
ill
even
may
canceled
altogether
lockdowns
staff
may
unable
supervise
delivery
psychotropic
medications
effects
overcrowding
particularly
acute
prisons
reception
centers
intake
areas
process
new
returning
prisoners
every
year
crowding
areas
runs
high
design
capacity
living
conditions
lack
treatment
space
impedes
efforts
identify
inmate
medical
mental
health
needs
provide
even
rudimentary
care
former
warden
san
quentin
reported
doctors
prison
reception
center
unable
keep
physicals
provid
kind
chronic
care
inmates
spend
long
periods
time
areas
awaiting
transfer
general
population
prisoners
held
reception
centers
entire
period
incarceration
numerous
experts
testified
crowding
primary
cause
constitutional
violations
former
warden
san
quentin
former
acting
secretary
california
prisons
concluded
crowding
makes
impossible
organization
develop
much
less
implement
plan
provide
prisoners
adequate
care
former
executive
director
texas
department
criminal
justice
testified
verything
revolves
around
overcrowding
primary
cause
medical
mental
health
care
violations
former
head
corrections
pennsylvania
washington
maine
testified
overcrowding
system
terms
sheer
numbers
terms
space
available
terms
providing
healthcare
ibid
current
secretary
pennsylvania
department
corrections
testified
biggest
inhibiting
factor
right
california
able
deliver
appropriate
mental
health
medical
care
severe
overcrowding
state
attempts
undermine
substantial
evidence
presented
trial
findings
fact
complaining
allow
present
evidence
current
prison
conditions
suggestion
lacks
factual
basis
properly
admitted
evidence
current
conditions
relevant
issues
allowed
discovery
months
trial
expert
witnesses
based
conclusions
recent
observations
prison
conditions
recent
reports
prison
conditions
plata
receiver
coleman
special
master
parties
presented
testimony
related
current
conditions
including
understaffing
inadequate
facilities
unsanitary
unsafe
living
conditions
see
supra
craig
haney
example
based
expert
report
tours
eight
california
prisons
app
tours
occurred
late
august
two
weeks
haney
submitted
report
less
four
months
first
day
trial
see
also
july
tours
experts
submitted
reports
based
similar
observations
see
doc
shansky
app
stewart
austin
lehman
opinion
cited
relied
evidence
current
conditions
relied
extensively
expert
witness
reports
see
generally
juris
app
cited
current
data
available
suicides
preventable
deaths
california
prisons
relied
statistics
staff
vacancies
dated
three
months
trial
statistics
shortages
treatment
beds
period
examples
extensive
evidence
current
conditions
informed
every
aspect
judgment
abuse
discretion
also
cited
findings
made
earlier
decisions
plata
coleman
district
courts
findings
remained
relevant
establish
nature
longstanding
continuing
constitutional
violations
true
established
cutoff
date
discovery
months
trial
order
stated
site
inspections
prisons
allowed
date
evidence
changed
prison
conditions
date
admitted
app
also
excluded
evidence
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prison
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reducing
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california
prisons
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schwarzenegger
emergency
proclamation
overcrowding
acknowledged
causes
harm
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property
leads
inmate
unrest
misconduct
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recidivism
shown
within
state
others
juris
app
former
warden
san
quentin
acting
secretary
california
prison
system
testified
believe
make
people
worse
meeting
public
safety
way
treat
people
head
pennsylvania
correctional
system
testified
measures
reduce
prison
population
may
actually
improve
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safety
address
problems
brought
people
jail
tr
expert
witnesses
produced
statistical
evidence
prison
populations
lowered
without
adversely
affecting
public
safety
number
jurisdictions
including
certain
counties
california
well
wisconsin
illinois
texas
colorado
montana
michigan
florida
canada
juris
app
washington
former
secretary
corrections
testified
state
implemented
population
reduction
methods
including
parole
reform
expansion
good
time
credits
without
deleterious
effect
crime
tr
light
evidence
concluded
negative
impact
public
safety
substantially
offset
perhaps
entirely
eliminated
public
safety
benefits
reduction
overcrowding
juris
app
found
various
available
methods
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credits
allow
state
give
early
release
prisoners
pose
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risk
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offenders
community
programs
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reporting
centers
electronic
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likewise
lower
prison
population
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population
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population
limit
state
prison
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officials
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leave
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population
see
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ing
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population
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avoid
undue
negative
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safety
iii
establishing
population
state
begin
provide
constitutionally
adequate
medical
mental
health
care
appropriate
time
frame
within
achieve
necessary
reduction
requires
degree
judgment
inquiry
involves
uncertain
predictions
regarding
effects
population
reductions
well
difficult
determinations
regarding
capacity
prison
officials
provide
adequate
care
various
levels
courts
substantial
flexibility
making
invoked
scope
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powers
broad
breadth
flexibility
inherent
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hutto
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bradley
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swann
bd
nevertheless
plra
requires
adopt
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narrowly
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gives
substantial
weight
public
safety
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population
limit
means
must
set
limit
highest
population
consistent
efficacious
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must
also
order
population
reduction
achieved
shortest
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reasonably
consistent
public
safety
concluded
population
california
prisons
capped
design
capacity
conclusion
supported
record
indeed
evidence
supported
limit
low
design
capacity
chief
deputy
secretary
correctional
healthcare
services
california
prisons
california
prisons
designed
made
provision
expansion
medical
care
space
beyond
initial
capacity
juris
app
evidence
supported
limit
low
head
state
facilities
strike
team
recommended
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organizational
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release
order
limited
prisoners
needing
substantial
medical
care
instead
calls
reduction
system
overall
population
order
issued
necessary
single
prisoner
plaintiff
classes
released
although
class
members
presumably
among
discharged
decrease
number
prisoners
needing
mental
health
treatment
forms
extensive
medical
care
much
smaller
total
number
prisoners
released
thus
release
produce
best
modest
improvement
burden
medical
care
system
record
bears
special
master
stated
dramatically
even
releasing
inmates
california
system
entire
inmate
population
leave
problem
providing
mental
health
treatment
largely
unmitigated
app
similarly
receiver
proclaimed
think
population
controls
solve
california
prison
health
care
problems
simply
wrong
juris
app
state
proposed
several
remedies
massive
release
prisoners
seemingly
intent
attacking
broader
problem
general
overcrowding
rejected
state
proposals
made
three
critical
errors
first
assess
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remedies
light
conditions
proved
exist
time
release
order
framed
recent
evidence
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account
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extreme
remedy
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shown
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failed
distinguish
conditions
fall
level
may
desirable
matter
public
policy
conditions
meet
minimum
level
mandated
constitution
take
one
example
criticized
california
system
prison
doctors
must
conduct
intake
exams
areas
separated
folding
screens
rather
separate
rooms
creating
conditions
allow
appropriate
confidentiality
legitimate
privacy
expectations
inmates
greatly
diminished
see
hudson
palmer
never
suggested
failure
provide
private
consultation
rooms
prisons
amounts
cruel
unusual
punishment
third
rejected
alternatives
provided
relief
juris
app
nothing
plra
suggests
public
safety
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order
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rather
less
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made
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entirely
possible
adequate
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without
information
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specify
plan
might
provide
event
task
undertaken
first
instance
possible
components
plan
hard
identify
many
problems
noted
plainly
addressed
without
releasing
prisoners
without
incurring
costs
associated
prison
construction
program
sanitary
procedures
improved
sufficient
supplies
medicine
medical
equipment
purchased
adequate
system
records
management
implemented
number
medical
staff
positions
increased
similarly
hard
believe
staffing
vacancies
reduced
eliminated
qualifications
medical
personnel
improved
means
short
massive
prisoner
release
without
specific
findings
backed
hard
evidence
accept
counterintuitive
proposition
problems
ameliorated
increasing
salaries
improving
working
conditions
providing
better
training
monitoring
performance
cost
construction
program
may
well
exceed
california
current
financial
capabilities
targeted
program
involving
repair
perhaps
expansion
current
medical
facilities
opposed
general
prison
facilities
might
manageable
remedy
case
including
new
programs
associated
prisoner
release
order
proposed
relief
necessarily
involve
state
expenditures
measures
might
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targeted
reductions
critical
components
state
prison
population
certain
number
prisoners
classes
whose
behalf
two
cases
brought
might
transferred
facilities
rejected
state
proposal
transfer
prisoners
facilities
part
number
proposed
transfers
small
see
see
also
ante
reasoning
rested
insistence
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state
general
prison
population
rather
two
plaintiff
classes
state
proposed
make
targeted
transfer
prisoners
one
plaintiff
classes
prisoners
needing
mental
health
treatment
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district
judges
blocked
transfers
fear
facilities
provide
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level
care
see
app
district
judge
even
refused
allow
transfers
prisoners
volunteered
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see
even
though
even
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let
alone
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evidence
prisoners
sent
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eighth
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district
judge
presumed
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might
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provide
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presume
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armstrong
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chemical
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government
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last
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much
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prisoners
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tr
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judge
stated
thing
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class
members
maybe
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thing
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case
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say
yes
hell
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else
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judge
content
provide
relief
classes
plaintiffs
whose
behalf
suit
brought
content
remedy
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violations
proved
concerned
treatment
members
classes
instead
judge
saw
responsibility
attack
general
problem
overcrowding
iii
ordering
prisoner
release
plra
commands
give
substantial
weight
adverse
impact
public
safety
operation
criminal
justice
system
caused
relief
provision
unmistakably
reflects
congress
view
prisoner
release
orders
inherently
risky
taking
view
congress
well
aware
impact
previous
prisoner
release
orders
prisoner
release
program
carried
years
earlier
philadelphia
illustrative
early
federal
courts
enforced
cap
number
inmates
philadelphia
prison
system
thousands
inmates
set
free
although
efforts
made
release
prisoners
least
likely
commit
violent
crimes
attempt
spectacularly
unsuccessful
period
philadelphia
police
rearrested
thousands
prisoners
committing
new
crimes
defendants
charged
murders
rapes
assaults
robberies
burglaries
thefts
mention
thousands
drug
members
congress
well
aware
despite
record
past
prisoner
release
orders
case
concluded
loosing
criminals
produce
tally
like
philadelphia
actually
improve
public
safety
juris
app
reaching
debatable
conclusion
relied
testimony
selected
experts
majority
defers
characterizes
lower
findings
fact
controversial
public
policy
issue
ante
fundamental
dangerous
error
trial
selects
competing
views
experts
broad
empirical
questions
efficacy
preventing
crime
incapacitation
convicted
criminals
trial
choice
different
classic
finding
fact
entitled
degree
deference
appeal
particular
convened
case
confident
releasing
prisoners
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plan
fact
benefit
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safety
juris
app
according
overwhelming
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purported
finding
cautious
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bent
implementing
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justice
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least
acknowledged
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prisoner
release
ascertained
advance
degree
certainty
entirely
possible
release
produce
results
similar
prior
population
caps
sharp
increase
california
prison
population
lamented
see
accompanied
equally
sharp
decrease
violent
california
trends
mirror
similar
developments
national
general
consensus
decline
crime
least
part
due
longer
prison
sentences
increased
incarceration
california
led
decreased
crime
entirely
possible
decrease
imprisonment
opposite
effect
commenting
testimony
expert
stated
certain
effect
massive
prisoner
discharge
public
safety
complained
uch
equivocal
testimony
helpful
testimony
pointing
difficulty
assessing
consequences
drastic
remedy
valued
careful
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mindful
overriding
need
guard
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safety
acknowledged
ha
evaluated
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safety
impact
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element
population
reduction
plan
ordered
state
implement
app
juris
statement
majority
argues
nevertheless
gave
substantial
weight
public
safety
order
left
details
implementation
state
discretion
ante
yet
state
told
studying
possible
population
reduction
measures
concluded
reducing
prison
population
within
period
accomplished
without
unacceptably
compromising
public
safety
juris
app
state
found
public
safety
required
period
achieve
ordered
reduction
ibid
thus
approved
population
reduction
plan
neither
state
found
implemented
without
unacceptable
harm
public
safety
holds
discharged
obligation
give
substantial
weight
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impact
public
safety
deferring
officials
believe
reduction
accomplished
safe
manner
believe
plra
requirement
trivial
members
experts
relied
may
disagree
key
elements
program
state
california
pursued
past
decades
including
shift
inflexible
determinate
sentencing
passage
harsh
mandatory
minimum
laws
experts
receiver
entitled
take
view
state
place
incarceration
criminal
justice
system
app
controversial
opinions
matters
criminal
justice
policy
permitted
override
reasonable
policy
view
implicit
plra
prisoner
release
orders
present
inherent
risk
safety
public
prisoner
release
ordered
case
unprecedented
improvident
contrary
plra
largely
sustaining
decision
majority
gambling
safety
people
california
putting
public
safety
risk
every
reasonable
precaution
taken
decision
reversed
case
remanded
done
fear
today
decision
like
prior
prisoner
release
orders
lead
grim
roster
victims
hope
wrong
years
see
footnotes
similar
conclusion
reached
little
hoover
commission
bipartisan
independent
state
body
stated
vercrowded
conditions
inside
prison
walls
unsafe
inmates
staff
solving
california
corrections
crisis
time
running
california
correctional
system
tailspin
trial
current
former
california
prison
officials
also
testified
degree
overcrowding
jeanne
woodford
recently
administered
california
prison
system
stated
vercrowding
california
department
corrections
rehabilitation
cdcr
extreme
effects
pervasive
preventing
department
providing
adequate
mental
medical
health
care
prisoners
juris
app
matthew
cate
head
california
prison
system
stated
makes
everything
difficult
ibid
robin
dezember
chief
deputy
secretary
correctional
healthcare
services
stated
terribly
overcrowded
prison
system
overcrowding
negative
effects
everybody
prison
system
tr
experts
outside
california
offered
similar
assessments
doyle
wayne
scott
former
head
corrections
texas
described
california
prisons
appalling
inhumane
unacceptable
stated
years
prison
work
experience
never
seen
anything
like
app
joseph
lehman
former
head
correctional
systems
washington
maine
pennsylvania
concluded
question
california
prisons
overcrowded
emergency
situation
calls
drastic
immediate
action
time
decision
recent
year
special
master
conducted
detailed
study
suicides
california
prisons
special
master
later
issued
analysis
year
report
concluded
suicide
rate
continuation
cdcr
pattern
exceeding
national
prison
suicide
rate
record
cal
doc
report
found
rate
suicides
involving
inadequate
assessment
treatment
intervention
risen
concluded
hese
numbers
clearly
indicate
improvement
area
past
several
years
possibly
signal
trend
ongoing
deterioration
detailed
study
filed
since
september
special
master
filed
report
stating
data
far
showing
improvement
suicide
prevention
app
plaintiffs
base
case
deficiencies
care
provided
one
occasion
occasion
consider
whether
instances
delay
particular
deficiency
medical
care
complained
plaintiffs
violate
constitution
estelle
gamble
considered
isolation
plaintiffs
rely
systemwide
deficiencies
provision
medical
mental
health
care
taken
whole
subject
sick
mentally
ill
prisoners
california
substantial
risk
serious
harm
cause
delivery
care
prisons
fall
evolving
standards
decency
mark
progress
maturing
society
farmer
brennan
last
year
available
statistics
analysis
deaths
california
prisons
found
preventable
possibly
preventable
deaths
california
prison
health
care
receivership
imai
analysis
year
death
reviews
essentially
unchanged
analysis
found
preventable
possibly
preventable
deaths
ibid
statistics
mean
preventable
possibly
preventable
death
occurred
every
five
six
days
preventable
possibly
preventable
deaths
involve
major
lapses
medical
care
serious
cause
concern
one
typical
case
classified
possibly
preventable
death
analysis
revealed
following
lapses
month
delay
evaluating
abnormal
liver
mass
month
delay
receiving
regular
chemotherapy
multiple
providers
fail
respond
jaundice
abnormal
liver
function
tests
causing
month
delay
diagnosis
california
prison
health
care
receivership
imai
analysis
year
inmate
death
reviews
california
prison
health
care
system
hereinafter
death
reviews
access
statistics
year
number
preventable
possibly
preventable
deaths
held
steady
california
prison
health
care
receivership
imai
analysis
year
death
reviews
number
preventable
possibly
preventable
deaths
dropped
death
reviews
anticipated
development
inappropriate
evaluate
significance
first
time
appeal
course
consider
evidence
improved
conditions
considering
future
requests
state
modification
order
see
infra
craig
haney
likewise
testified
state
significantly
underestimated
staffing
needed
implement
critical
portions
coleman
program
guide
requirements
key
tasks
omitted
determining
staffing
workloads
estimates
based
key
assumptions
caused
state
underestimate
demand
mental
health
care
app
instance
pablo
stewart
reported
one
prisoner
referred
crisis
bed
fter
learning
restraint
room
available
crisis
beds
open
staff
moved
prisoner
back
administrative
segregation
cell
without
prescribed
observation
app
prisoner
hanged
night
cell
ibid
see
also
juris
app
correctional
officials
trial
described
several
outbreaks
disease
one
officer
testified
staph
infections
spread
widely
among
prison
population
described
prisoners
bleeding
oozing
pus
soaking
clothes
come
get
wound
covered
treated
tr
another
witness
testified
inmates
influenza
sent
back
infirmary
due
lack
beds
disease
quickly
spread
half
prisoners
housing
unit
result
unit
placed
lockdown
week
plata
receiver
concluded
believed
population
reduction
panacea
simply
wrong
app
receiver
nevertheless
made
clear
time
process
take
cost
scope
intrusion
federal
help
increase
increase
significant
manner
scope
characteristics
california
prison
overcrowding
continue
coleman
special
master
likewise
found
large
release
prisoners
without
relief
leave
violation
largely
unmitigated
even
though
deficiencies
care
unquestionably
exacerbated
overcrowding
defendants
ability
provide
required
mental
health
services
enhanced
considerably
reduction
overall
census
prisons
app
program
voluntary
transfers
state
course
less
restrictive
order
mandating
reduction
prison
population
light
state
longstanding
failure
remedy
serious
constitutional
violations
obligation
consider
voluntary
measures
state
workable
alternative
injunctive
relief
former
head
correctional
systems
washington
maine
pennsylvania
likewise
referred
california
prisons
juris
app
yolo
county
chief
probation
officer
testified
seems
like
prisons
produce
additional
criminal
behavior
former
professor
sociology
george
washington
university
reported
california
present
recidivism
rate
among
highest
nation
app
noted
report
california
little
hoover
commission
stated
ach
year
california
communities
burdened
absorbing
offenders
returning
prison
often
dangerous
left
juris
app
philadelphia
experience
early
federal
order
mandating
reductions
prison
population
less
positive
history
illustrates
undoubted
need
caution
area
one
congressional
witness
testified
released
prisoners
committed
murders
multiple
offenses
see
hearing
et
al
senate
committee
judiciary
statement
lynne
abraham
district
attorney
philadelphia
lead
counsel
plaintiff
class
case
responded
inflammatory
assertion
never
documented
statement
david
richman
philadelphia
decree
also
different
order
entered
case
among
things
prohibited
city
admitting
prisons
additional
inmates
except
persons
charged
convicted
murder
forcible
rape
crime
involving
use
gun
knife
commission
aggravated
assault
robbery
harris
reeves
supp
ed
see
also
crime
justice
research
institute
goldkamp
white
restoring
accountability
pretrial
release
philadelphia
pretrial
release
supervision
experiments
difficulty
determining
precise
relevance
philadelphia
experience
illustrates
appellate
courts
defer
trier
fact
opportunity
hear
testimony
population
reduction
measures
jurisdictions
ask
relevant
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informed
expert
witnesses
expanding
measures
may
require
expenditure
resources
state
fund
new
programs
expand
existing
ones
state
complains
order
therefore
requires
divert
savings
achieved
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prison
population
setting
budgetary
priorities
manner
severe
unlawful
intrusion
state
authority
brief
appellants
argument
convincing
order
require
state
use
particular
approach
reduce
prison
population
allocate
resources
footnotes
doubt
last
score
least
far
orders
concerned
eliminated
statute
provides
enter
order
must
find
clear
convincing
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crowding
primary
cause
violation
federal
right
ii
relief
remedy
violation
federal
right
footnotes
requesting
appointment
district
coleman
recognized
commendable
progress
state
effort
provide
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mental
health
care
juris
app
district
plata
acknowledged
receiver
made
much
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appointment
report
special
master
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ante
identifies
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reason
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case
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every
aspect
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insists
ante
ninth
circuit
places
burden
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prove
absence
ongoing
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moves
terminate
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see
gilmore
california
even
state
unsuccessfully
moved
terminate
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still
determination
plaintiffs
carried
burden
plra
establish
clear
convincing
evidence
prisoner
release
order
necessary
correct
ongoing
rights
violation
also
answer
say
ante
state
opportunity
resist
convening
ground
unremedied
constitutional
violations
date
see
district
courts
granted
plaintiffs
motions
convene
three
years
remedial
decree
issued
thus
conditions
prison
system
date
decree
issued
necessarily
existed
proceedings
began
moreover
noted
even
violations
system
cured
time
remedial
decree
accurate
assessment
conditions
date
essential
order
ensure
relief
sweep
broadly
necessary
death
reviews
majority
elides
improvement
combining
likely
preventable
deaths
possibly
preventable
ante
cases
judgment
reviewer
death
reviews
better
care
possibly
prevented
death
app
majority
acknowledges
even
class
cases
dramatically
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must
take
current
conditions
account
revising
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forward
ante
bureau
justice
statistics
state
prison
deaths
available
http
table
internet
materials
visited
may
available
clerk
case
file
see
also
app
california
lowest
annual
illness
mortality
rate
per
state
prisoners
juris
app
according
report
state
prisoners
percent
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death
rate
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adult
population
bureau
justice
statistics
medical
causes
death
state
prisons
available
http
example
population
california
prison
system
exceeds
syracuse
new
york
bridgeport
connecticut
springfield
massachusetts
eugene
oregon
savannah
georgia
rejects
state
argument
transfers
offer
less
restrictive
alternative
prisoner
release
order
requiring
transfers
qualifies
population
limit
plra
ante
plra
apply
state
voluntarily
conducts
transfers
sought
hearing
prison
reform
senate
committee
judiciary
statement
lynne
abraham
district
attorney
philadelphia
hearings
subcommittee
crime
house
committee
judiciary
see
also
hearing
subcommittee
crime
terrorism
homeland
security
house
committee
judiciary
statement
sarah
hart
assistant
district
attorney
philadelphia
district
attorney
office
condemning
inappropriate
imposition
prison
population
caps
senator
sarbanes
cited
case
philadelphia
prison
cap
put
thousands
violent
criminals
back
city
streets
often
disastrous
consequences
cong
rec
senator
abraham
complained
american
citizens
put
risk
every
day
decrees
cure
prison
crowding
declaring
must
free
dangerous
criminals
served
time
egregious
example
added
city
philadelphia
ibid
violent
crime
rate
california
per
residents
fell
decrease
percent
similarly
violent
crime
rate
per
residents
fell
decrease
percent
dept
justice
federal
bureau
investigation
uniform
crime
reporting
statistics
http
according
california
prison
population
increased
percent
since
juris
app
nation
prison
population
increased
percent
public
safety
public
spending
forecasting
america
prison
population
fed
sent
paternoster
much
really
know
criminal
deterrence
crim
criminology
citing
research
issue