David R. RUIZ, et al., Plaintiffs-Appellees,
United States of America, Intervenor-Appellee,
v.
W. J. ESTELLE, Jr., et al., Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 23, 1982.
June 23, 1982.
Attorney(s) appearing for the Case
Mark White, Atty. Gen. of Tex., Ed Idar, Jr., Douglas M. Becker, Kenneth L. Petersen, Jr., Asst. Attys. Gen., Pike Powers, Lee C. Clyburn, Austin, Tex., William R. Pakalka, Jerry E. Smith, Houston, Tex., Keith A. Jones, Washington, D.C., for defendants-appellants.
Donald W. Jackson, Edward J. Landry, Asst. County Attys., Houston, Tex., for Heard.
William Bennett Turner, Donna Brorby, San Francisco, Cal., Steven L. Winter, Joel Berger, Jack Greenberg, New York City, Samuel T. Biscoe, Dallas, Tex., for Ruiz, et al.
Jim D. Wiginton, Angleton, Tex., San Francisco, Cal., for L. D. Hilliard.
Dennis J. Dimsey, W. Bradford Reynolds, Appellate Section, Civil Rights Div., U. S. Dept. of Justice, Washington, D.C., for U. S. A.
David Crump, Law School, University of Houston, Susan E. Waite, The Legal Foundation of America, Houston, Tex., for amicus curiae Legal Foundation of America.
Alvin J. Bronstein, ACLU, Elizabeth Alexander, Washington, D.C., for amicus curiae ACLU — National Prison Project.
Before CLARK, Chief Judge, RUBIN and TATE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
ALVIN B. RUBIN, Circuit Judge:
"There is no iron curtain drawn between the Constitution and the prisons of this country."1 When the remedial powers of a federal court are invoked to protect the constitutional rights of inmates, the court may not take a "hands-off" approach.2
The duty to protect inmates' constitutional rights, however, does not confer the power to manage prisons, for which courts are...
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