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INMATES OF THE ALLEGHENY COUNTY JAIL v. WECHT

No. 89-3565.

901 F.2d 1191 (1990)

INMATES OF THE ALLEGHENY COUNTY JAIL, Thomas Price Bey, Arthur Goslee, Harry Smith, Robert Maloney, and Calvin Milligan on their own behalf and on behalf of all others similarly situated v. Cyril H. WECHT, President of Allegheny County Board of Prison Inspectors and the other members of the Board: Thomas Foerster and William H. Hunt, Commissioners for Allegheny County Eugene Coon, Sheriff for Allegheny County, The Honorable Patrick R. Tamilia, Michael J. O'Malley and Marion K. Finkelhor, Judges, Court of Common Pleas of Allegheny County Richard S. Caliguiri, Mayor of the City of Pittsburgh, Harriet McCray; Monsg. Charles Owen Rice and Charles Kozakiewicz, Warden of the Allegheny County Jail and William R. Robinson, Executive Director of Prison Inspectors, and Cyril Wecht, Thomas Foerster and William H. Hunt as Commissioners of Allegheny County, Defendants/Third Party Defendants Appellants, v. The COMMONWEALTH OF PENNSYLVANIA, The Commonwealth of Pennsylvania, Dept. of Corrections: David S. Owens, Jr., Commissioner, Dept. of Corrections and Erskind Deramus, Deputy Commissioner, Dept of Corrections, Third Party Defendants.

United States Court of Appeals, Third Circuit.

Decided April 19, 1990.

Attorney(s) appearing for the Case

Caroline Liebenguth (argued), George C. Diamantopulos, Allegheny County Law Dept., Pittsburgh, Pa., for appellants.

Donald Driscoll (argued), Neighborhood Legal Services Ass'n, Pittsburgh, Pa., for appellees.

Before HIGGINBOTHAM, Chief Judge, BECKER and NYGAARD, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Chief Judge.

On June 2, 1976, the inmates of Allegheny County Jail, in Pittsburgh, Pennsylvania, commenced this action challenging the constitutionality of the conditions of their confinement. In the more than thirteen years since the inmates filed their complaint, Allegheny County has consistently failed to house its inmates in compliance with the sparse and minimal commands of the Eighth Amendment. Through...

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