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TORRES v. WISC. DEPT. OF HEALTH & SOCIAL SERVICES

No. 86-2161.

859 F.2d 1523 (1988)

Raymond J. TORRES, Franklin J. Utz, and Gerald F. Schmit, Plaintiffs-Appellees, v. WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 1988.

Reheard May 26, 1988.

Decided October 17, 1988.

Attorney(s) appearing for the Case

Diane M. Nicks, Wisconsin Dept. of Justice, Madison, Wis., for defendants-appellants.

Dale L. English, Colwin Fortune, Colwin Pomeroy & English, Fond du Lac, Wis., for plaintiffs-appellees.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.

Reheard En Banc May 26, 1988.

RIPPLE, Circuit Judge.

Defendant Nona J. Switala is the superintendent of defendant Taycheedah Correctional Institution (TCI), the only women's maximum security prison in Wisconsin. TCI is operated by the Wisconsin Department of Health and Social Services (DHSS), also a defendant here. Ms. Switala, an experienced prison administrator, determined that the rehabilitation of TCI's inmates would be enhanced by employing only female...

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