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RIVERA-FELICIANO v. ACEVEDO-VILA

No. 05-2473.

438 F.3d 50 (2006)

Carmen RIVERA-FELICIANO; María Flores-Feliciano; Mendelson Ortiz-Nicolau; Edgardo Hernández-Ortiz; Inés Navedo-Vázquez; Gilberto Rivera-Rodríguez; José J. Rivera-Aneiro; Héctor L. Rivera-Ortiz; Wilgberto Mario Feliciano; Carlos A. Rosario-Adorno; Domingo Gonzalez-Marie; Alexis Ortiz-Berríos; Angel Marcano-Ortiz; Pedro Beltrán-Carrasquillo; Luis Meléndez-ramos; and the class of all the inmates convicted of murder that currently participate in the AOC Electronic Surveillance Program, Plaintiffs, Appellees, v. Hon. Aníbal ACEVEDO-VILÁ, Governor of Puerto Rico; Hon. Roberto Sánchez-Ramos, Secretary of Justice of Puerto Rico; Miguel Pereira-Castillo, Secretary of Corrections and Rehabilitation of Puerto Rico and Administrator of Corrections of Puerto Rico; Hon. José R. Lozada, Director of the Bureau of Special Investigations of Puerto Rico, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 15, 2006.

Attorney(s) appearing for the Case

Salvador Antonetti-Stutts, Solicitor General of Puerto Rico, with whom Mariana D. Negrón-Vargas, Deputy Solicitor General, Maite D. Oronoz-Rodríguez, Deputy Solicitor General, and Doraliz E. Ortiz-De-León, Assistant Solicitor General, were on brief, for appellants.

Guillermo J. Ramos Luiña, with whom Carlos V. García Gutiérrez, Alejandra Bird López, Rafael E. Rodríguez Rivera, and Civil Action and Education Corporation were on brief, for appellees.

Before TORRUELLA and LYNCH, Circuit Judges, and LASKER, District Judge.

LYNCH, Circuit Judge.

In the 1970's inmates brought litigation alleging that conditions at the Puerto Rico prisons were unconstitutional; this resulted in a number of findings of constitutional violations and federal court remedial orders. See generally Morales Feliciano v. Rullan, 378 F.3d 42 (1st Cir.2004) (providing history of prior litigation).

In 1989, in response to overcrowding...

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