TOUSSAINT v. McCARTHY

Nos. 84-2833, 85-1507, 85-1878 and 85-2526.

801 F.2d 1080 (1986)

Joseph TOUSSAINT, et al., Plaintiffs/Appellees/Cross-Appellants, v. Daniel McCARTHY, et al., Defendants/Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1986.


Attorney(s) appearing for the Case

Anita Arriola, Sidney M. Wolinsky, Constance M. Jones, Sarah Flanagan, Mark A. Chavez, Bernard Zimmerman, Pillsbury, Madison & Sutro, San Francisco, Cal., Donald Spector, San Quentin, Cal., Antonia Hernandez, Mexican-American Legal Defense & Educ. Fund, James C. Sturdevant, Sturdevant & Elion, San Francisco, Cal., Ellen Sue Goldblatt, Oakland, Cal., Julius Chambers, Deborah Fins, New York City, Barbara Y. Phillips, Mark S. Zemelman, Sanford Jay Rosen, San Francisco, Cal., for Toussaint.

Paul D. Gifford, Deputy Atty. Gen., San Francisco, Cal., for McCarthy.

Before WRIGHT, KENNEDY and BEEZER, Circuit Judges.


BEEZER, Circuit Judge:

Both parties appeal from the district court's order granting permanent injunctive relief against California prison officials. Although this appeal presents a variety of discrete issues, the case presents this general issue: Does the protection afforded by the United States Constitution require that San Quentin and Folsom prison officials remain subject to controls imposed by the district court or should prison control be returned to California...

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