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ONISHEA v. HOPPER

No. 96-6213.

126 F.3d 1323 (1997)

Lydia Kay ONISHEA; Renee Brown; Carrie White; Arthur Howard; Arion Davis, et al., Plaintiffs-Appellants, v. Joe S. HOPPER, Commissioner of the Alabama Department of Corrections; Shirlie Lobmiller, Warden of the Julia Tutwiler Prison for Women; Steve Dees, Warden of the Limestone Correctional Facility; Lynn Harrelson, Warden of the Kilby Prison; Correctional Health Care, Inc., Health care provider of the Alabama Department of Corrections, et al., Defendants-Appellees. Stewart M. Hughey; Adam Lamar Robinson; Chuck Stoudemire, Intervening Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 4, 1997.

Attorney(s) appearing for the Case

Alexa Freeman, Elizabeth Alexander, Ayesha N. Khan, Margaret Winter, ACLU National Prison Project, Washington, DC, for Plaintiffs-Appellants.

Elizabeth A. Seaton, Whitman-Walker, Washington, DC, for amicus curiae.

Andrew W. Redd, General Counsel, Ellen R. Leonard, Asst. General Counsel, Alice Ann Byrne, Ala. Dept. of Corrections, Legal Division, Montgomery, AL, David Byrne, Jr., J. Elizabeth Kellum, Scott R. Talkington, Robison & Belser, P.A., Montgomery, AL, Jack M. Curtis, Dept. of Public Safety, Legal Unit, Montgomery, AL, Geary A. Gaston, Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, AL, for Defendants-Appellees.

Before COX, Circuit Judge, KRAVITCH, Senior Circuit Judge, and STAGG, Senior District Judge.

KRAVITCH, Senior Circuit Judge:

The Alabama Department of Corrections ("DOC") prohibits inmates who test positive for the Human Immunodeficiency Virus ("HIV") from participating in most of the educational, vocational, rehabilitative, religious, and recreational programs offered in state prisons. The appellant class, which consists of Alabama inmates who are HIV-positive ("HIV+" or "seropositive"), claims that excluding HIV+ prisoners from these programs violates the...

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