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JENSEN v. CLARKE

Nos. 95-1105, 95-1115.

94 F.3d 1191 (1996)

Jerry JENSEN, on behalf of himself and all others similarly situated; Reginald Pierce; Richard Duff; Al Wilson; Harold Crisp; Laddie Dittrich; Gus Dawson; Victor Carter; George Carter; Michael Kane; Ernest L. Sims; Mohamed Abdul Hafiz El-Tabech; and Victor Luna, Appellees/Cross-Appellants, v. Harold W. CLARKE, individually and in his official capacity as Director of the Nebraska Department of Correctional Services; and Frank X. Hopkins, individually and in his official capacity as Warden of the Nebraska State Penitentiary, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 5, 1996.

Attorney(s) appearing for the Case

Terri M. Weeks, Asst. Atty. Gen., Lincoln, NE, argued, for appellant.

Gregory D. Barton, Lincoln, NE, argued (Barry L. Hemmerling, Robert W. Shivley, Jr., and Scott D. Freese, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT and WOLLMAN, Circuit Judges.

RICHARD S. ARNOLD, Chief Judge.

The Nebraska State Penitentiary (NSP) is forced to house many of its prisoners two men to a cell. This practice, known as "double celling," requires two men to share a 74-square-foot cell. The District Court1 held that, while this practice is not a per se constitutional violation, randomly placing two prisoners together under conditions as they exist at the NSP violates the plaintiffs' right to be free from...

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