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JENSEN v. CLARKE

Nos. 95-1105NE, 95-1115NE.

73 F.3d 808 (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 January 11, 1996.

Attorney(s) appearing for the Case

Terri Weeks, Lincoln, NE, argued, for appellant.

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

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

RICHARD S. ARNOLD, Chief Judge.

This case began in 1987 when the plaintiff class, inmates in the Nebraska State Penitentiary (NSP), filed suit challenging their conditions of confinement. They assert that the practice of double celling, placing two inmates in a cell designed for one, under conditions as they existed prior to this case in the NSP, violated the Eighth Amendment to the United States Constitution. These proceedings have included a hearing on liability...

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