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NELSON v. COLLINS

No. 81-6358.

700 F.2d 145 (1983)

Warren C. NELSON, Earl A. Curreri, Carl Jackson, Prisoners of the Maryland Penitentiary, on behalf of themselves and all others similarly situated, Appellants, v. George H. COLLINS, Warden, Maryland Penitentiary; Mary Lou Bartram, Superintendent, Maryland Reception Diagnostic and Classification Center; Elmanus Herndon, Commissioner, Maryland Division of Correction; Thomas W. Schmidt, Secretary, Maryland Department of Public Safety and Correctional Services; Henry P. Turner, Chairman, Maryland Parole Commission; Harry Hughes, Governor of the State of Maryland; McLindsey Hawkins, Assistant Warden, Maryland Penitentiary; Sigmund Fine, Assistant Warden, Maryland Penitentiary; Maryland Division of Correction; Louis Goldstein, Member, Board of Public Works; William S. James, Member, Board of Public Works; D.J. Smith, Sargeant, Maryland Penitentiary, sued individually and in their official capacities, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 18, 1983.

Attorney(s) appearing for the Case

Sharon R. Beckler, Prisoner Assistance Project, Legal Aid Bureau, Inc., Baltimore, Md., for appellants.

Richard Rosenblatt, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen., Stephen B. Caplis, Chief, Correctional Litigation, Asst. Atty. Gen., Baltimore, Md., on brief), for appellees.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Prisoners confined at the Maryland Penitentiary appeal from an order of the district court that modified an injunction governing the use of the penitentiary's isolated confinement area (ICA). We conclude that the injunction may be altered, but we remand for the district court to determine in accordance with United States v. Swift & Co., 286 U.S. 106, 52 S.Ct. 460, 76 L.Ed. 999 (1932), whether...

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