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PETERKIN v. JEFFES

No. 87-1312.

855 F.2d 1021 (1988)

PETERKIN, Otis H.; Albrecht, Alfred F.; Truesdale, Mack; Maxwell, Frederick; Harris, Richard; Lesko, John; Floyd, Calvin; Morris, James; Logan, Ronald; Crenshaw, Robert; Lee, Charles N.; Colson, Martin; Yarris, Nicholas; Cross, Charles; Smith, Donald; individually and on behalf of all others similarly situated, Appellants, v. Glen JEFFES, individually and as the Acting Commissioner of the Bureau of Corrections of the Commonwealth of Pennsylvania and as The Superintendent of the State Correctional Institution at Graterford; Ronald Marks, individually and as the former Commissioner of the Bureau of Corrections; Julius Cuyler, individually and as the former Superintendent of the State Correctional Institution at Graterford; Charles H. Zimmerman, individually and as Superintendent of the State Correctional Institution at Huntingdon; and George Petsock, individually and as Superintendent of the State Correctional Institution at Pittsburgh.

United States Court of Appeals, Third Circuit.

Decided August 23, 1988.

Attorney(s) appearing for the Case

Stefan Presser (argued), American Civil Liberties Union of Pennsylvania, Philadelphia, Pa., for appellants.

Maria Parisi Vickers (argued), Deputy Atty. Gen., Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM, MANSMANN and WEIS, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Two constitutional issues are raised on appeal in this class action: whether prisoners sentenced to death by the Commonwealth of Pennsylvania and currently imprisoned at the State Correctional Institutions at Graterford and Huntingdon are confined in conditions constituting cruel and unusual punishment prohibited by the eighth amendment, and whether the Commonwealth and its prison officials are...

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