HOPTOWIT v. RAY

No. 80-3366.

682 F.2d 1237 (1982)

Frederick HOPTOWIT, Rick Rinier, Steven Hopkins, David Rivera, Robert Smith, Leo Victoria, Tim Adamson, Larry Camarillo, Daniel Atteberry, Carl Harp, Gary Isaacs, Lynn Brooks, Daniel Clark, Manuel Rampola, John Wait, and Kenneth Holden, Plaintiffs-Appellees, v. Dixy Lee RAY, Gerald Thompson, John Shaughnessey, Robert Tropp, W. Edward Naugler, M.D., James Spalding, Larry Kinchloe, James Cummins, Stanley Hansen, Donald Talbot, Robert Benzel, Charles Crow, Parley Edwards, Zane Massaro, Philip Mathieson, Raymond Miears, Patrick Nugent, Randy Patterson, Richard Piver, Richard Pontsler, and Geoffrey Proctor, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1982.

Rehearing and Rehearing Denied August 9, 1982.


Attorney(s) appearing for the Case

William C. Collins, Sr., Asst. Atty. Gen., Olympia, Wash., argued for defendants-appellants; Carol A. Smith, Asst. Atty. Gen., Olympia, Wash., on brief.

John B. Midgley, Seattle, Wash., argued, for plaintiffs-appellees; Steve Scott, Seattle, Wash., on brief.

Before WALLACE and TANG, Circuit Judges, and INGRAM, District Judge.


Rehearing and Rehearing En Banc Denied August 9, 1982.

WALLACE, Circuit Judge:

Certain inmates at the Washington State Penitentiary (the penitentiary) brought suit against the Governor of the State of Washington and various officials of the State of Washington corrections system (the State), alleging that conditions at the penitentiary amounted to cruel and unusual punishment in violation of the Eighth Amendment,1 which applies...

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