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CODY v. HILLARD

Nos. 85-5270, 85-5302.

799 F.2d 447 (1986)

William R. CODY, individually and on behalf of all other persons similarly situated, Appellees, v. Carole HILLARD, President of the Board of Charities and Corrections; Frank Brost, Vice President; Ted Spaulding, Member; D.A. Gehlhoff, Member; Lyle Swenson, Member; James Smith, Executive Secretary; Herman Solem, Warden of the South Dakota State Penitentiary; sued individually and in their official capacities, Appellants. William R. CODY, Individually and on behalf of all other persons similarly situated, LaVerne Koenig, member, Protective Custody Plaintiffs, Appellant, v. Carole HILLARD, President of the Board of Charities and Corrections; Frank Brost, Vice President; Ted Spaulding; D.A. Gehloff, Member; Lyle Swenson, Member; James Smith, Executive Secretary; Herman Solem, Warden of the South Dakota State Penitentiary; sued individually and in their official capacities, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 2, 1986.

Rehearing Granted October 28, 1986.

Attorney(s) appearing for the Case

Richard Dale, Asst. Atty. Gen., Pierre, S.D., for appellant.

Elizabeth Alexander, Washington, D.C., for appellees.

Before HEANEY and BOWMAN, Circuit Judges, and HANSON, Senior District Judge.

HEANEY, Circuit Judge.

This is an appeal from an order of the district court requiring officials at the South Dakota State Penitentiary (SDSP) to cease double celling inmates at SDSP, both in the general population and in protective custody. On appeal, the officials contend that the trial court erred in finding that double-celling inmates at SDSP violates the Eighth and Fourteenth Amendments to the United States Constitution. They also claim the court erred in using...

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