hutto
finney
argued
february
decided
june
finding
respondent
prison
inmates
action
petitioner
prison
officials
conditions
arkansas
prison
system
constituted
cruel
unusual
punishment
violation
eight
fourteenth
amendments
district
entered
series
detailed
remedial
orders
appeal
appeals
petitioners
challenged
two
aspects
relief
order
placing
maximum
limit
days
confinement
punitive
isolation
award
attorney
fees
paid
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correction
funds
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finding
petitioners
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bad
faith
failing
cure
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identified
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affirmed
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fee
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services
appeal
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err
including
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rights
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rights
laws
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action
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attorney
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kind
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cost
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recovery
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express
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fact
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department
correction
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defendant
preclude
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amendment
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suing
state
name
injunctive
suit
petitioner
prison
officials
practical
purposes
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acted
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faith
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correction
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intended
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award
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stevens
delivered
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blackmun
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joined
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rehnquist
joined
post
rehnquist
filed
dissenting
opinion
part
ii
white
joined
post
garner
taylor
assistant
attorney
general
arkansas
argued
cause
petitioners
brief
bill
clinton
attorney
general
robert
alston
newcomb
philip
kaplan
argued
cause
respondents
brief
jack
holt
philip
mcmath
jack
greenberg
james
nabrit
iii
charles
stephen
ralston
stanley
bass
eric
schnapper
lynn
walker
briefs
amici
curiae
urging
reversal
filed
evelle
younger
attorney
general
jack
winkler
chief
assistant
attorney
general
edward
assistant
attorney
general
gloria
dehart
patrick
golden
deputy
attorneys
general
state
california
richard
turner
attorney
general
stephen
robinson
special
assistant
attorney
general
theodore
boecker
frederick
haskins
assistant
attorneys
general
state
iowa
robert
kane
attorney
general
melvin
shuster
justin
blewitt
deputy
attorneys
general
commonwealth
pennsylvania
briefs
amici
curiae
urging
affirmance
filed
solicitor
general
mccree
assistant
attorney
general
days
walter
barnett
dennis
dimsey
bruce
ennis
burt
neuborne
richard
emery
american
civil
liberties
union
et
al
charles
bane
thomas
barr
armand
derfner
paul
dimond
norman
redlich
robert
murphy
norman
chachkin
richard
kohn
david
lipman
william
caldwell
lawyers
committee
civil
rights
law
briefs
amici
curiae
filed
summer
attorney
general
roger
googe
peter
stockett
assistant
attorneys
general
state
mississippi
john
hill
attorney
general
david
kendall
first
assistant
attorney
general
joe
dibrell
richel
rivers
nancy
simonson
assistant
attorneys
general
state
texas
justice
stevens
delivered
opinion
finding
conditions
arkansas
penal
system
constituted
cruel
unusual
punishment
district
entered
series
detailed
remedial
orders
appeal
appeals
eighth
circuit
petitioners
challenged
two
aspects
relief
order
placing
maximum
limit
days
confinement
punitive
isolation
award
attorney
fees
paid
department
correction
funds
appeals
affirmed
assessed
additional
attorney
fee
cover
services
appeal
granted
certiorari
affirm
litigation
began
sequel
two
earlier
cases
holding
conditions
arkansas
prison
system
violated
eighth
fourteenth
amendments
brief
summary
facts
necessary
explain
basis
remedial
orders
routine
conditions
ordinary
arkansas
convict
endure
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district
dark
evil
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holt
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purposes
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indeterminate
period
time
average
sometimes
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prisoners
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cells
containing
furniture
source
water
toilet
flushed
outside
cell
holt
sarver
supp
ed
ark
holt
night
prisoners
given
mattresses
spread
floor
although
prisoners
suffered
infectious
diseases
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venereal
disease
mattresses
removed
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together
morning
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cells
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evening
prisoners
isolation
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calories
day
meals
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primarily
squares
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substance
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meat
potatoes
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seasoning
paste
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mixture
pan
ibid
finding
conditions
confinement
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district
immediately
impose
detailed
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instead
directed
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make
substantial
start
improving
conditions
file
reports
progress
holt
supra
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progress
proved
unsatisfactory
second
hearing
held
district
found
improvements
concluded
prison
conditions
remained
unconstitutional
holt
ii
offered
prison
administrators
opportunity
devise
plan
remedying
constitutional
violations
time
issued
guidelines
identifying
four
areas
change
cure
worst
evils
improving
conditions
isolation
cells
increasing
inmate
safety
eliminating
barracks
sleeping
arrangements
putting
end
trusty
system
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ordered
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funds
became
available
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appeal
holt
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hearings
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review
department
progress
finding
substantial
improvements
district
concluded
continuing
supervision
longer
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holt
hutto
supp
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ark
holt
iii
appeals
reversed
district
decision
withdraw
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jurisdiction
finney
arkansas
board
correction
district
held
fourth
set
hearings
supp
ed
ark
found
respects
conditions
seriously
deteriorated
since
withdrawn
supervisory
jurisdiction
cummins
farm
condemned
overcrowded
housed
inmates
population
situation
punitive
isolation
cells
particularly
disturbing
concluded
either
misjudged
conditions
cells
conditions
become
much
worse
since
twice
many
prisoners
beds
cells
inmates
punitive
isolation
often
violently
antisocial
overcrowding
led
persecution
weaker
prisoners
grue
diet
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use
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inmates
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weight
cells
vandalized
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extent
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numbers
guards
assigned
punitive
isolation
cells
frequently
resorted
physical
violence
using
nightsticks
mace
efforts
maintain
order
prisoners
sometimes
left
isolation
months
release
depending
attitudes
appraised
prison
personnel
concluded
constitutional
violations
identified
earlier
cured
entered
order
placed
limits
number
men
confined
one
cell
required
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grue
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set
days
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isolation
sentence
district
gave
detailed
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matter
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petitioners
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faith
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affirmed
assessed
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cover
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appeal
eighth
amendment
ban
inflicting
cruel
unusual
punishments
made
applicable
fourteenth
amendment
proscribe
physically
barbarous
punishments
estelle
gamble
prohibits
penalties
grossly
disproportionate
offense
weems
well
transgress
today
broad
idealistic
concepts
dignity
civilized
standards
humanity
decency
estelle
gamble
supra
quoting
jackson
bishop
confinement
prison
isolation
cell
form
punishment
subject
scrutiny
eighth
amendment
standards
petitioners
challenge
proposition
disagree
district
original
conclusion
conditions
arkansas
prisons
including
punitive
isolation
cells
constituted
cruel
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rather
petitioners
single
portion
district
recent
order
forbids
department
sentence
inmates
days
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assume
district
held
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always
constitute
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prisoners
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duration
prisoner
sentence
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well
within
authority
prison
administrator
cf
meachum
fano
equally
plain
however
length
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ignored
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whether
confinement
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filthy
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days
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weeks
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whether
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prison
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prisoners
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appeals
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comprehensive
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attorney
general
arkansas
whose
office
represented
petitioners
throughout
litigation
contends
award
fees
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society
america
although
fees
routinely
awarded
large
number
statutory
situations
allowable
costs
include
counsel
fees
indeed
federal
statutory
definition
costs
enacted
civil
war
remains
effect
today
includes
certain
fixed
attorney
fees
recoverable
costs
fairmont
creamery
awarded
statutory
attorney
fees
state
minnesota
along
taxable
costs
even
though
governing
statute
said
nothing
state
liability
much
late
single
attorney
fees
one
kind
litigation
cost
whose
recovery
may
authorized
congress
without
express
statutory
waiver
immunity
finally
attorney
general
argues
even
attorney
fees
may
awarded
state
awarded
case
neither
state
department
expressly
named
defendant
although
eleventh
amendment
prevented
respondents
suing
state
name
injunctive
suit
prison
officials
practical
purposes
brought
state
actions
attorney
general
show
office
defended
action
since
began
see
holt
state
apparently
paid
earlier
fee
awards
state
lawyers
decided
bring
appeal
thereby
risking
another
award
like
attorney
general
congress
recognized
suits
brought
individual
officers
injunctive
relief
practical
purposes
suits
state
legislative
history
makes
clear
suits
attorney
fee
awards
generally
obtained
either
directly
official
official
capacity
funds
agency
control
state
local
government
whether
agency
government
named
party
awards
official
individual
capacity
contrast
affected
statute
injunctive
suits
continue
awarded
traditional
bad
faith
standard
recognized
alyeska
indication
case
named
defendants
litigated
bad
faith
appeals
consequently
department
correction
entity
intended
congress
bear
burden
award
judgment
appeals
accordingly
affirmed
ordered
footnotes
case
began
holt
sarver
supp
ed
ark
holt
two
earlier
cases
talley
stephens
supp
ed
ark
jackson
bishop
supp
ed
ark
vacated
judge
henley
decided
first
cases
chief
judge
eastern
district
arkansas
although
appointed
appeals
eighth
circuit
specially
designated
continue
hear
case
district
judge
administrators
arkansas
prison
system
evidently
tried
operate
prisons
profit
see
talley
stephens
supra
cummins
farm
institution
center
litigation
required
inmates
work
fields
hours
day
six
days
week
using
tools
tending
crops
hand
inmates
sometimes
required
run
fields
guard
automobile
horseback
driving
holt
hutto
supp
ed
ark
holt
iii
worked
sorts
weather
long
temperature
freezing
sometimes
unsuitably
light
clothing
without
shoes
holt
ii
inmates
slept
together
large
barracks
convicts
known
creepers
slip
beds
crawl
along
floor
stalking
sleeping
enemies
one
period
stabbings
occurring
barracks
holt
supra
homosexual
rape
common
uncontrolled
potential
victims
dared
sleep
instead
leave
beds
spend
night
clinging
bars
nearest
guards
station
holt
ii
supra
inmates
lashed
leather
strap
five
feet
long
four
inches
wide
talley
stephens
supra
although
official
policy
inmates
apparently
whipped
minor
offenses
skin
bloody
bruised
jackson
bishop
supra
tucker
telephone
device
used
administer
electrical
shocks
various
sensitive
parts
inmate
body
jackson
bishop
supra
guards
simply
inmates
issued
guns
holt
ii
supra
although
prisoners
cummins
employed
eight
guards
convicts
two
nonconvict
guards
kept
watch
men
night
trusties
maintained
appearance
order
took
high
toll
prisoners
inmates
obtain
access
medical
treatment
bribed
trusty
charge
sick
call
district
found
within
power
trusty
guard
murder
another
inmate
practical
impunity
trusties
weapons
authorized
use
deadly
force
escapees
accidental
shootings
also
occurred
one
trusty
fired
shotgun
crowded
barracks
inmates
turn
tv
ibid
another
trusty
beat
inmate
badly
victim
required
partial
dentures
talley
stephens
supra
daily
allowance
calories
recommended
average
male
national
academy
sciences
recommended
dietary
allowances
appendix
rev
ed
prisoners
punitive
isolation
less
active
average
person
mature
man
spends
hours
day
lying
hours
day
simply
sitting
standing
consumes
approximately
calories
day
department
reads
following
sentence
district
opinion
unqualified
holding
indeterminate
sentence
solitary
confinement
unconstitutional
holds
policy
sentencing
inmates
indeterminate
periods
confinement
punitive
isolation
unreasonable
unconstitutional
context
full
opinion
think
quite
clear
describing
specific
conditions
found
arkansas
penal
system
indeed
paragraph
noted
segregated
confinement
maximum
security
conditions
one
thing
segregated
confinement
punitive
conditions
described
quite
another
thing
ibid
emphasis
original
department
also
suggests
district
made
rehabilitation
constitutional
requirement
note
agreement
expert
witness
testified
punitive
isolation
exists
cummins
today
serves
rehabilitative
purpose
counterproductive
went
say
punitive
isolation
makes
bad
men
worse
must
changed
ibid
agree
department
contention
constitution
require
every
aspect
prison
discipline
serve
rehabilitative
purpose
novak
beto
nadeau
helgemoe
district
impose
new
legal
test
remarks
form
transition
detailed
description
conditions
isolation
cells
traditional
legal
analysis
conditions
quoted
passage
simply
summarized
facts
presaged
legal
conclusion
come
explained
milliken
bradley
state
local
authorities
primary
responsibility
curing
constitutional
violations
however
authorities
fail
affirmative
obligations
judicial
authority
may
invoked
swann
board
education
invoked
scope
district
equitable
powers
remedy
past
wrongs
broad
breadth
flexibility
inherent
equitable
remedies
ibid
case
district
remedying
present
effects
violation
past
seeking
bring
ongoing
violation
immediate
halt
cooperation
part
department
officials
compliance
aspects
decree
may
justify
elimination
added
safeguard
future
entirely
appropriate
district
postpone
determination
department
progress
evaluated
district
noted
class
inmates
punitive
cells
hate
charge
may
harbor
particular
hatreds
prison
employees
charge
inmates
substantial
period
time
early
district
identified
shorter
sentences
possible
remedy
overcrowding
isolation
cells
holt
limit
imposed
mechanical
therefore
easily
enforced
method
minimizing
overcrowding
attendant
vandalism
unsanitary
conditions
see
holt
ii
however
limited
inquiry
question
whether
constitutional
rights
inmates
invaded
whether
penitentiary
unconstitutional
judicially
concerned
questions
last
analysis
addressed
legislative
administrative
judgment
practice
may
bad
standpoint
penology
may
necessarily
forbidden
constitution
affirming
award
appeals
relied
chiefly
civil
rights
attorney
fees
awards
act
also
noted
expressly
record
fully
supports
finding
district
conduct
state
officials
justified
award
bad
faith
exception
enumerated
alyeska
pipeline
service
wilderness
society
equity
unquestioned
power
award
attorney
fees
party
shows
bad
faith
delaying
disrupting
litigation
hampering
enforcement
order
alyeska
pipeline
service
wilderness
society
christiansburg
garment
eeoc
straub
vaisman
cf
fed
rule
civ
proc
attorney
fees
awarded
party
filing
summary
judgment
affidavits
bad
faith
solely
purpose
delay
fed
rule
civ
proc
motions
compel
discovery
prevailing
party
may
recover
attorney
fees
award
vindicates
judicial
authority
without
resort
drastic
sanctions
available
contempt
makes
prevailing
party
whole
expenses
caused
opponent
obstinacy
cf
first
nat
bank
dunham
course
fees
also
awarded
part
civil
contempt
penalty
see
toledo
scale
computing
scale
signal
delivery
service
highway
truck
drivers
ed
ancillary
costs
may
large
indeed
last
term
example
rejected
eleventh
amendment
defense
approved
injunction
ordering
state
pay
almost
million
help
defray
costs
desegregating
detroit
school
system
milliken
bradley
powell
concurring
judgment
see
note
attorneys
fees
eleventh
amendment
harv
rev
award
compensatory
effect
event
distinguish
fine
civil
contempt
also
compensates
private
party
consequences
contemnor
disobedience
gompers
bucks
stove
range
moreover
approved
federal
rulings
requiring
state
support
programs
compensate
past
misdeeds
saying
programs
also
compensatory
nature
change
fact
part
plan
operates
prospectively
bring
delayed
benefits
unitary
school
system
therefore
hold
prospective
relief
barred
eleventh
amendment
milliken
bradley
supra
emphasis
original
award
attorney
fees
state
disregarding
federal
order
stands
footing
like
enforcement
powers
integral
grant
prospective
relief
attorney
general
argued
award
large
unexpected
interfered
state
budgeting
process
although
eleventh
amendment
prohibit
attorney
fees
awards
bad
faith
may
counsel
moderation
determining
size
award
giving
state
time
adjust
budget
paying
full
amount
fee
cf
edelman
jordan
case
however
timing
award
put
issue
state
claimed
award
larger
necessary
enforce
prior
orders
understand
attorney
general
urge
fees
awarded
officers
personally
remarkable
way
treat
individuals
relied
attorney
general
represent
interests
throughout
litigation
milliken
bradley
supra
affirmed
order
requiring
state
treasurer
pay
substantial
sum
another
litigant
even
though
district
opinion
explicitly
recognized
remedial
decree
paid
taxpayers
city
detroit
state
michigan
app
pet
cert
milliken
bradley
pp
even
though
appeals
affirming
stated
district
ordered
state
detroit
board
pay
costs
relief
bradley
milliken
act
declares
action
proceeding
enforce
provision
revised
statutes
title
ix
public
law
et
seq
ed
civil
action
proceeding
behalf
america
enforce
charging
violation
provision
internal
revenue
code
et
seq
ed
title
vi
civil
rights
act
et
seq
discretion
may
allow
prevailing
party
reasonable
attorney
fee
part
costs
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see
cong
rec
amendment
helms
amendment
allen
see
also
amendment
william
scott
attorney
general
also
contends
fee
award
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cases
one
pending
act
passed
legislative
history
act
well
general
practice
defeats
argument
house
report
declared
accordance
applicable
decisions
bill
intended
apply
cases
pending
date
enactment
see
also
bradley
richmond
school
board
decisions
allowing
award
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line
drawn
retroactive
prospective
relief
edelman
jordan
awards
seriously
strain
distinction
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restitution
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compensate
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brought
instead
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expenses
incurred
seeking
prospective
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costs
almost
invariably
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award
prospective
relief
costs
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prevailing
parties
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fed
rule
civ
proc
prospective
relief
successfully
pursued
individual
suit
state
moreover
like
power
award
attorney
fees
litigating
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faith
power
assess
costs
important
tool
used
restrain
behavior
parties
litigation
see
rule
costs
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failure
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discovery
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specific
statutory
authority
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costs
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judicial
code
provides
shall
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losing
party
every
cause
pending
cost
printing
record
except
judgment
exception
section
emphatic
inclusion
every
litigant
shows
state
litigant
must
pay
costs
printing
loses
every
case
civil
criminal
costs
constitute
large
part
costs
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certainly
constitutes
pro
tanto
statutory
authority
impose
costs
generally
state
defeated
interest
orderly
evenhanded
justice
equally
pressing
lower
courts
fairmont
creamery
widely
understood
foreclosing
eleventh
amendment
objection
assessing
costs
state
federal
courts
see
skehan
board
trustees
en
banc
utah
ex
rel
griffin
mcmann
supp
edny
conclusion
consistent
reasons
requiring
formal
indication
congress
intent
abrogate
eleventh
amendment
immunity
requirement
insures
congress
imposed
enormous
fiscal
burdens
without
careful
thought
employees
missouri
public
health
welfare
see
tribe
intergovernmental
immunities
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taxation
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harv
rev
award
costs
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allowing
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courts
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attorney
fees
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suits
see
alyeska
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wilderness
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define
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fees
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clerk
fairmont
creamery
minnesota
attorney
general
argues
statute
must
expressly
abrogate
immunity
retroactive
liability
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employees
missouri
public
health
welfare
supra
even
dealing
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misplaced
employees
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permit
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suits
state
institutions
found
word
history
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purpose
congress
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state
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courts
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state
institutions
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moreover
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relief
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impose
liability
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fees
meaning
respect
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claims
asserted
employees
edelman
jordan
based
statute
rooted
congress
art
power
see
employees
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claim
based
fair
labor
standards
act
et
seq
edelman
jordan
supra
underlying
claim
based
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security
act
provisions
dealing
aid
aged
blind
disabled
case
fitzpatrick
bitzer
claim
based
statute
enacted
enforce
fourteenth
amendment
pointed
fitzpatrick
eleventh
amendment
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sovereignty
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fourteenth
amendment
congress
acts
pursuant
exercising
legislative
authority
plenary
within
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grant
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amendment
whose
sections
terms
embody
limitations
state
authority
attorney
general
hardly
position
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state
individual
officers
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view
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amendment
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rehnquist
dissenting
manifestly
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related
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faith
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state
officers
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wood
strickland
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brennan
concurring
join
fully
opinion
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justice
powell
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ed
authorizes
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edelman
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edelman
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whose
foundations
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later
holdings
fitzpatrick
bitzer
monell
new
york
city
dept
social
services
gainsaid
edelman
rejected
argument
intended
create
waiver
state
eleventh
amendment
immunity
merely
action
brought
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state
officers
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decided
affirmed
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amendment
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petty
bridge
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terminal
employees
missouri
public
health
welfare
edelman
summarized
rule
cases
follows
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amendment
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cases
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whether
congress
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question
whether
state
participation
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congress
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eleventh
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congress
authorized
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class
defendants
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conclusion
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include
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persons
among
party
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monroe
pape
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amendment
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summed
justice
rehnquist
author
edelman
opinion
fitzpatrick
bitzer
supra
concluded
none
statutes
relied
upon
plaintiffs
edelman
contained
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congress
join
state
defendant
civil
rights
act
held
monroe
pape
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municipal
corporations
ambit
case
intended
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parties
defendant
congress
may
determining
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provisions
fourteenth
amendment
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private
suits
state
officials
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contexts
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central
holding
monell
conclusion
act
ch
stat
provided
definition
word
person
used
describe
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defendants
suits
although
monell
consider
whether
properly
construed
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liable
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violations
conclusion
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inescapable
least
includes
among
possible
defendants
class
literally
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edelman
jordan
follows
immediately
language
act
acts
hereafter
passed
word
person
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monell
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edelman
holding
statute
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authorized
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clearly
appear
longer
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moreover
given
fitzpatrick
holding
congress
plenary
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amendment
surely
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question
whether
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amendment
whether
fact
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course
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consideration
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case
fitzpatrick
noted
issue
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parte
virginia
also
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meant
exempt
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follow
congress
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exempt
state
see
monell
new
york
city
dept
social
services
understand
justice
powell
objection
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board
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milliken
bradley
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new
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city
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social
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history
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title
vii
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board
education
brinkman
milliken
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milliken
ii
several
theories
advances
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assessment
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arkansas
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supra
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