1. Home
  2. Browse Decisions
  3. F.2d
  4. 830 F.2d
  5. 830 F.2d 912 (1987)
 

CODY v. HILLARD

Nos. 85-5270, 85-5302.

830 F.2d 912 (1987)

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. 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, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 6, 1987.

Rehearing Denied November 24, 1987.

Attorney(s) appearing for the Case

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

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

Before LAY, Chief Judge, HEANEY, ROSS, McMILLIAN, ARNOLD, J.R. GIBSON, FAGG, BOWMAN, WOLLMAN, and MAGILL, Circuit Judges, en banc.

BOWMAN, Circuit Judge.

This is an appeal from an order of the District Court requiring officials at the South Dakota State Penitentiary (SDSP) to cease the double-celling of inmates at SDSP, both in the general population and in protective custody. On appeal, before a panel of this Court, the officials contended that the trial court erred in finding that double-celling of inmates at SDSP violates the Eighth and Fourteenth Amendments to the United States Constitution...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases