SHRADER v. WHITE

No. 83-6484.

761 F.2d 975 (1985)

Everette SHRADER, Kent Edwin Evans, Merlon Joseph, Dennis Adams, and on behalf of themselves and all others similarly situated, Appellants, and Albert Boisseau, Russell Vinnedge, Plaintiffs, v. Franklin WHITE, Acting Director; Robert M. Landin, Acting Director; Terry C. Richtmeyer, Regional Administrator; Elwood Booker, Superintendent; Rufus Fleming, Assistant Superintendent; Edward Wright, Institutional Security Chief, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1985.


Attorney(s) appearing for the Case

Edward Rosenthal, Mary E. McClymont, Washington, D.C., and Marvin Miller (Adjoa A. Aiyetoro, Steven Ney, National Prison Project of American Civil Liberties Union Foundation, Inc. and Michael C. Schwartz, on brief), for appellants.

Guy W. Horsley, Jr., Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Virginia, Peter H. Rudy, Asst. Atty. Gen., Richmond, Va., on brief), for appellees.

Before SPROUSE and CHAPMAN, Circuit Judges and HALLANAN, United States District Judge for the Southern District of West Virginia, sitting by designation.


CHAPMAN, Circuit Judge:

The plaintiffs-appellants, inmates at Virginia State Penitentiary (VSP), brought this 42 U.S.C. § 19831 class action for declaratory and injunctive relief alleging that various conditions of their confinement violated the eighth amendment's proscription against cruel and unusual punishment. The parties consented to trial before a United States magistrate, who concluded that the conditions at VSP do not violate...

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