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ONISHEA v. HOPPER

No. 96-6213.

171 F.3d 1289 (1999)

Lydia Kay ONISHEA; Renee Brown, 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; et al., Defendants-Appellees, Stewart M. Hughey; Adam Lamar Robinson; et al., Intervening Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 7, 1999.

Attorney(s) appearing for the Case

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

Elizabeth A. Seaton, Whitman-Walker, Washington, DC, for Amicus Curiae.

David Byrne, Jr., J. Elizabeth Kellum, Robison & Belser, P.A., Alice Ann Byrne, Dept. of Corrections/Legal Division, Montgomery, AL, for Defendants-Appellees.

Seth M. Galanter, Dept. of Justice, Washington, DC, for Intervenor United States.

Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges.

COX, Circuit Judge:

The plaintiff class, all of whom are prison inmates who have tested positive for the Human Immunodeficiency Virus (HIV), have sued officials of the Alabama Department of Corrections under § 504 of the Rehabilitation Act1 to force integration of prison recreational, religious, and educational programs. The district court denied relief, and we affirm.

I. Background

This litigation began over a decade...

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