TILLERY v. OWENS

No. 89-3689.

907 F.2d 418 (1990)

Major TILLERY, Victor Hassine, Kenneth Davenport, William Grandison, Nelson Charles Mikesell and Ellis W. Matthews, Jr., Appellees, v. David S. OWENS, Jr., in his official capacity as the Commissioner of the Pennsylvania Department of Corrections, and George Petsock, in his official capacity as the Superintendent of the State Correctional Institution at Pittsburgh (hereinafter "SCIP"), and Arnold Snitzer, M.D., in his official capacity as a member of the medical staff of State Correctional Institution at Pittsburgh, and Robert Casey, in his official capacity as the Governor of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 29, 1990.


Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Thomas F. Halloran (Argued), S. Deputy Atty. Gen., Calvin R. Koons, S. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section Office of Atty. Gen., Pittsburgh, Pa., for appellants.

Jere Krakoff, Michael S. Antol, Neighborhood Legal Services Ass'n, Edward J. Feinstein, Pittsburgh, Pa., Alvin Bronstein (Argued), Edward I. Koren, National Prison Project, Washington, D.C., for appellees.

Before SLOVITER and MANSMANN, Circuit Judges, and FULLAM, District Judge


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

In this appeal we are called upon to review the district court's findings and conclusion that double-celling inmates in an overcrowded, dilapidated and unsanitary state prison violates the Eighth Amendment prohibition on cruel and unusual punishment. The defendants/appellants also question the extent of the district court's power to ameliorate prison conditions.

Appellees...

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