GATES v. COOK

No. 03-60529.

376 F.3d 323 (2004)

Nazareth GATES, etc., et al., Plaintiffs, v. Thomas D. COOK, etc., et al., Defendants. Willie Russell, etc., et al., Plaintiffs, Willie Russell, on his own behalf and on behalf of those similarly situated; Sherwood Brown, on his own behalf and on behalf of those similarly situated; Kevin Jordan, on his own behalf and on behalf of those similarly situated; John Nixon, on his own behalf and on behalf of those similarly situated; Paul Woodward, on his own behalf and on behalf of those similarly situated, Plaintiffs-Appellees, v. Robert L. Johnson, Commissioner, Mississippi Department of Corrections, in his official capacity; Christopher Epps, Deputy Commissioner, Mississippi Department of Corrections, in his official capacity; Emmitt L. Sparkman, Superintendent, Mississippi State Penitentiary, in his official capacity; Jessie Streeter, Warden, Area IV, Mississippi State Penitentiary, in his official capacity; Larry D. Harris, Captain, Unit Administrator, Unit 32, Mississippi State Penitentiary, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 28, 2004.


Attorney(s) appearing for the Case

Margaret Winter (argued), Amy Fettig, American Civ. Liberties Union Nat. Prison Project, Washington, DC, Robert Bruce McDuff, Jackson, MS, for Plaintiffs-Appellees.

Tom Hunt Cole, Jr. (argued), Forman, Perry, Watkins, Krutz & Tardy, John Lewis Clay, Mary Jo Woods, Jackson, MS, Leonard Charlton Vincent, James Marshall Norris, Miss. Dept. of Corrections, Parchman, MS, for Defendants-Appellants.

Before DeMOSS, DENNIS and PRADO, Circuit Judges.


DENNIS, Circuit Judge:

Willie Russell ("Russell") brought suit in the Northern District of Mississippi against officials of the Mississippi Department of Corrections ("MDOC") on behalf of himself and other prisoners confined to Death Row, or Unit 32-C, in the Mississippi State Penitentiary in Parchman, Mississippi. Russell alleges that certain conditions of confinement on Death Row violate the Eighth Amendment's prohibition against cruel and unusual punishment. By...

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