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BATTLE v. ANDERSON

Nos. 79-1709, 78-1318 and 78-1889.

614 F.2d 251 (1980)

Bobby BATTLE et al., a Class Action, Plaintiffs-Appellants, United States of America, Plaintiff-Intervenor, Appellant, v. Park ANDERSON et al., Defendants-Appellees. Bobby BATTLE et al., a Class Action, Plaintiffs-Appellees, United States of America, Plaintiff-Intervenor, Appellee, v. STATE BOARD OF CORRECTIONS, Frank E. Carey, Jr., President; Leroy W. Kirk, Patricia Montgomery, Gary M. Cook, Chester T. Curtin, Seth Millington, William Thompson, as members, and their successors, Defendants-Appellants. Bobby BATTLE, Plaintiff-Appellee, United States of America, Plaintiff-Intervenor, Appellee, v. Park J. ANDERSON, Warden, Oklahoma State Penitentiary; Leo McCracken, Director, Department of Corrections, State of Oklahoma; Roy Sprinkler, Deputy Director of Institutions; Sam C. Johnston, Deputy Warden, Oklahoma State Penitentiary; Captain Black, Correctional Officer, Oklahoma State Penitentiary, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 21, 1980.

Attorney(s) appearing for the Case

Louis W. Bullock of Chapel, Wilkinson, Riggs, Abney & Keefer, Tulsa, Okla. (American Civil Liberties Union of Oklahoma, Tulsa, Okla., with him on brief), and Carl G. Stevens of Warren, Ricks & Mayfield, of American Civil Liberties Union of Oklahoma, Oklahoma City, Okla., for plaintiffs-appellees-appellants Bobby Battle, et al.

Irving Gornstein, Dept. of Justice, Washington, D. C. (Drew S. Days, III, Asst. Atty. Gen., Dennis J. Dimsey, Brian K. Landsberg, Jessica Dunsay Silver, and Walter W. Barnett, Attys., Dept. of Justice, Washington, D. C., and Julian K. Fite, U. S. Atty., Oklahoma City, Okla., on brief), for plaintiff-intervenor-appellee United States of America.

John Fischer, Asst. Atty. Gen. of Oklahoma, Oklahoma City, Okla. (Jan Eric Cartwright, Atty. Gen. of Oklahoma, Oklahoma City, Okla., with him on brief), for defendants-appellants Park J. Anderson and State Board of Corrections of the State of Oklahoma, et al.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

The genesis of these consolidated cases is the deteriorated physical and internal conditions surrounding Oklahoma's state penal system which were highlighted following a disastrous riot at the State Penitentiary at McAlester, Oklahoma, in 1973. That riot resulted in $20 million in property damage and tragic loss of lives. The jurisdiction of the District Court from whence the instant appeals are brought, was originally invoked on April 24,...

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