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UNION COUNTY JAIL INMATES v. DI BUONO

No. 82-5310.

713 F.2d 984 (1983)

UNION COUNTY JAIL INMATES, Timmie Lee Barlow, Elbert Evans, Jr., Raymond Skinner, James Wysocki, on behalf of themselves and all other persons similarly situated v. V. William DI BUONO, Assignment Judge; Joseph G. Barbieri, Criminal Assignment Judge; Cuddie E. Davidson, Jr., Bail Judge; as Representatives of the Judges of the Criminal Courts of Union County; Ralph Froelich, Union County Sheriff; James Scanlon, Jail Administrator; Thomas Hefferson, Jail Warden; Rose Marie Sinnot, Chairman, Board of Chosen Freeholders; George Albanese, County Manager; and their Successors in Office, in their official capacities, Randolph Pisane and Louis J. Coletti v. William H. FAUVER, Commissioner, Department of Corrections, State of New Jersey, and his Successor in his official capacity. Appeal of William H. FAUVER, Commissioner, New Jersey Department of Corrections.

United States Court of Appeals, Third Circuit.

Decided August 11, 1983.

Attorney(s) appearing for the Case

Irwin I. Kimmelman, Atty. Gen. of New Jersey, Joseph T. Maloney (argued), Deputy Atty. Gen. (Michael R. Cole, Trenton, N.J., of counsel), Trenton, N.J., for appellant.

Joseph H. Rodriguez, New Jersey Public Advocate-Defender, Office of Inmate Advocacy, T. Gary Mitchell (argued), Director, Office of Inmate Advocacy, Phyllis G. Warren, Asst. Deputy Public Defender, Dept. of the Public Advocate, Trenton, N.J., for Union County Jail Inmates, Barlow, Evans, Skinner, Wysocki, et al.

Robert C. Doherty (argued), County Counsel for the County of Union, Elizabeth, N.J., for appellees, Froehlich, Scanlon, Jefferson, Sinnott, Albanese and their Successors in Office, in their official capacities.

Before HUNTER and GARTH, Circuit Judges and WEBER, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

I.

This case raises serious and complex questions of the constitutionality of conditions under which pre-trial detainees and sentenced inmates are confined at the Union County Jail (the Jail). All parties agree that the Jail is seriously overcrowded and dispute exists only as to whether that overcrowding and the conditions that result from it are so shocking that confinement in the Jail amounts to punishment...

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