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NEWMAN v. STATE OF ALA.

No. 76-2269.

559 F.2d 283 (1977)

N. H. NEWMAN et al., Plaintiffs-Appellees, v. STATE OF ALABAMA et al., Defendants-Appellants. Jerry Lee PUGH, for himself and others similarly situated, Plaintiffs-Appellees, v. Judson C. LOCKE, Jr. and State of Alabama, et al., Defendants-Appellants. Worley JAMES et al., Plaintiffs-Appellees, v. George C. WALLACE et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 7, 1977.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., George Beck, Larry R. Newman, Asst. Attys. Gen., Robert S. Lamar, Jr., Montgomery, Ala., for Locke, et al., and State of Alabama, et al.

W. Scears Barnes, Jr., Alexander City, Ala., for Locke and all Board Members.

Thomas S. Lawson, Jr., William K. Martin, Montgomery, Ala., for Wallace, et al.

John C. Hoyle, Atty., Dept. of Justice, Civil Rights Div., Washington, D. C., for amicus, U.S.A.

Joseph D. Phelps (court-appointed not under Act), Montgomery, Ala., for Newman, et al.

Robert D. Segall (Court-Appointed not under Act), Joseph J. Levin, Jr., Montgomery, Ala., for Pugh, et al.

George Peach Taylor (Court-Appointed not under Act), University, Ala., for James, et al.

Alvin J. Bronstein, The National Prison Project, Matthew L. Myers, Washington, D. C., for National Prison Project, amicus curiae.

Walter W. Barnett, Stephen A. Whinston, Atty., Depart. of Justice, Washington, D. C., for the United States, amicus curiae.

Before COLEMAN, Circuit Judge, KUNZIG, Judge, and GEE, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 7, 1977.

COLEMAN, Circuit Judge.

The Eighth Amendment to the Constitution of the United States, reinforced by the Fourteenth Amendment, prohibits the imposition of cruel and unusual punishment. It is much too late in the day for states and prison authorities to think that they may withhold from prisoners the basic necessities of life, which include reasonably adequate food, clothing, shelter, sanitation, and...

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