HITE v. LEEKE

No. 76-1989.

564 F.2d 670 (1977)

Billy HITE, Appellant, and Bobby Sessions, Thomas E. Jones, Plaintiffs, v. William D. LEEKE, Commissioner, J. L. Harvey, Warden of Kirkland Correctional Institution, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1977.


Attorney(s) appearing for the Case

Robert Guild, Columbia, S. C. (Legal Aid Service Agency, on brief), for appellant.

Emmet H. Clair, Sr. Asst. Atty. Gen., Columbia, S. C. (Daniel R. McLeod, Atty. Gen. of South Carolina, Katherine W. Hill, Asst. Atty. Gen., Columbia, S. C., on brief), for appellees.

Before WINTER, BUTZNER and RUSSELL, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

Three State prisoners, incarcerated in the South Carolina Kirkland Correctional Institution, complained that, as a result of the conditions of their confinement, they were being subjected to cruel and unusual punishment in violation of the Eighth Amendment. After considering the answer of the defendants and accompanying affidavit, as well as the reply and accompanying affidavits of the plaintiffs, the District Court denied injunctive...

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