PATTERSON v. MORRISETTE

No. 76-2328.

564 F.2d 1109 (1977)

Jacob PATTERSON, Lonnie H. Spires, David Wine, Nathaniel Breeland, and Caldwell Hudson, Individually and on behalf of all others similarly situated, Appellants, v. N. Welch MORRISETTE, Individually and in his official capacity as chairman of the Richland County Council, Warren K. Giese, Peter P. Leventis, Billy E. Taylor, and Julius W. McKay, Individually and in their official capacities as members of the Richland County Council, Robert G. Mauney, Individually and in his official capacity as County Manager of Richland County, Richland County, Richland County Detention Center, E. G. Cooper, Individually and in his official capacity as Director of the Richland County Detention Center, David Ayers, Individually and in his official capacity as Warden of the Richland County Detention Center, Dr. Frank Harrison, Individually and in his official capacity as Richland County Physician, George Goodwin, Individually and in his official capacity as Paramedic of the Richland County Detention Center and their Agents, Subordinates, and Employees, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1977.


Attorney(s) appearing for the Case

Allan R. Holmes and Robert Guild, Columbia, S.C. (W. Lewis Burke, Nancy McCormick, Legal Aid Service Agency, Columbia, S.C., on brief), for appellants.

William F. Able, Columbia, S.C. (James W. Cothran, Jr., Bishopville, S.C., John W. Foard, Jr., J. C. Coleman, Columbia, S.C., on brief), for appellees.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and ROSZEL C. THOMSEN, United States District Judge for the District of Maryland, sitting by designation.


PER CURIAM:

Prisoners appeal the denial of an injunction to correct allegedly unconstitutional conditions under which pre-trial detainees are being held at the Richland County Detention Center.*

The status of a pre-trial detainee is unlike that of a person incarcerated after being convicted of a crime; the former is in confinement only because he cannot afford to make bail. "Therefore, in confinement he can only be deprived of...

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