TOUSSAINT v. McCARTHY

Nos. 87-2910, 89-15613.

926 F.2d 800 (1990)

Joseph TOUSSAINT, et al., Plaintiffs-Appellees, v. Daniel McCARTHY, et al., Defendants-Appellants. Joseph TOUSSAINT, et al., Plaintiffs-Appellees, v. James ROWLAND, Director, California Department of Corrections; Daniel Vasquez; Robert Borg, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1990.

As Amended January 2, 1991.

As Second Amended February 27, 1991.


Attorney(s) appearing for the Case

John K. Van De Kamp, Atty. Gen., Bruce M. Slavin, Peter J. Siggins and George D. Prince, Deputy Attys. Gen., San Francisco, Cal., for defendants-appellants.

Sanford Jay Rosen, Rosen & Phillips, San Francisco, Cal., for plaintiffs-appellees.

Before CHAMBERS, WIGGINS and NOONAN, Circuit Judges.


NOONAN, Circuit Judge:

These consolidated appeals involve a class of prisoners, who, as a class, are the toughest for a prison to handle. They are at the bottom of the social heap. They have, nonetheless, a human dignity and certain rights secured by the Constitution of the United States. The command of the Constitution has to be made concrete. At the same time prisons must be run by prison officials not judges. The tension between proper administrative discretion...

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