Campbell v. Cauthron

623 F.2d 503
Court of Appeals for the Eighth Circuit·Decided May 29, 1980·No. No. 78-1838·Published·Cited by 124 cases

Opinion

HEANEY, Circuit Judge.

Willie Campbell and Dale Christee, inmates at the Sebastian County jail, appeal from the dismissal of their class action challenge to numerous conditions of confinement at the jail. They contend that their constitutional rights are being abridged by (1) overcrowding and lack of exercise, (2) inadequate diet, (3) forced exposure to religious witnessing, (4) restricted visitation privileges, (5) denial of access to newspapers, (6) insufficient medical care, and (7) inadequate security. We agree that the jail is unconstitutionally overcrowded and that many prisoners are deprived of necessary exercise. We also agree that the diet has at times been deficient and inmates are at times exposed to religious witnessing against their will. We hold, however, that the district court correctly found that there was insufficient evidence on this record to justify relief on appellants’ remaining contentions.

I. THE CONSTITUTIONAL STANDARD

The plaintiff class is composed of former, present and future inmates of the Sebastian County jail, including pretrial detainees, convicted misdemeanants and felons serving sentences, and convicted felons awaiting transfer to the penitentiary. For purposes of defining the constitutional standard to be applied to the conditions in the jail, we consider the pretrial detainees and the convicted prisoners separately.

Convicted prisoners are protected by the Eighth Amendment to the United States Constitution which prohibits the imposition of cruel and unusual punishment.1 Like most constitutional declarations, the [505] exact meaning of “cruel and unusual punishment” is somewhat elusive. Consequently, we look to the broad principles underlying the constitutional terms. “The basic concept underlying the Eighth. Amendment is nothing less than the dignity of man. * * * [T]he words of the Amendment are not precise, and * * * their scope is not static. The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.” Trop v. Dulles, 356 U.S. 86, 100-101, 78 S.Ct. 590, 598, 2 L.Ed.2d 596 (1958) (footnote omitted). The Amendment prohibits penalties “that transgress today’s ‘broad and idealistic concepts of dignity, civilized standards, humanity, and decency.’ ” Hutto v. Finney, 437 U.S. 678, 685, 98 S.Ct. 2565, 2571, 57 L.Ed.2d 522 (1978) (quoting Estelle v. Gamble, 429 U.S. 97, 102, 97 S.Ct. 285, 290, 50 L.Ed.2d 251 (1976); Jackson v. Bishop, 404 F.2d 571, 579 (8th Cir. 1968)).

Although some courts have applied Eighth Amendment principles in evaluating the conditions under which unconvicted persons are imprisoned, the Supreme Court has recently held that such conditions are to be judged by the due process standard of the Fifth and Fourteenth Amendments. Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). Since the due process clause prohibits punishment prior to conviction, the Court reasoned, the constitutional issue rests on a determination of whether the conditions of confinement are punitive in nature. This inquiry, in turn, focuses on whether the detention facility officials have acted with intent to punish the inmates. Even in the absence of express punitive intent, “if a restriction or condition is not reasonably related to a legitimate goal — if it is arbitrary or purposeless — a court permissibly may infer that the purpose of the governmental action is punishment that may not constitutionally be inflicted upon detainees qua detainees.” Id. at 539, 99 S.Ct. at 1874.

In addition, the Court in Bell recognized that pretrial detainees “retain at least those constitutional rights that * * * are enjoyed by convicted prisoners.” Id. at 545, 99 S.Ct. at 1877. Within a given institution, then, conditions found to constitute cruel and usual punishment when imposed on convicted inmates would surely be viewed as unconstitutional punishment when imposed on similarly situated uncon-victed detainees. See Detainees of Brooklyn House of Detention for Men v. Malcolm, 520 F.2d 392, 398 (2d Cir. 1975).

In applying these constitutional standards, we are mindful of our limited role in reviewing the practices of state penal institutions. In the absence of constitutional violations, we defer to the judgment of state prison administrators. See Bell v. Wolfish, supra, 441 U.S. at 538-539, 99 S.Ct. at 1873-1874; Pell v. Procunier, 417 U.S. 817, 827, 94 S.Ct. 2800, 2806, 41 L.Ed.2d 495 (1974). Nevertheless, we must not “abdicate [our] constitutional responsibility to delineate and protect fundamental liberties.” Id.

II. DETENTION CENTER CONDITIONS

1. Overcrowding and lack of exercise.

a. Violation.

The Sebastian County jail, built in 1936, is located on the fourth and fifth floors of the Sebastian County Court house in Fort Smith, Arkansas. The jail is reasonably modern, is equipped with central heat and airconditioning, and is relatively clean and well ventilated. The district court commented, “It is as nice a Courthouse as there is in the State of Arkansas. No one can find fault with the physical structure itself.” While even the appellants might agree with this comment, it misses the point of their claim, that too many inmates spend too many hours in their cells without exercise.

Although there may be some exceptions, pretrial detainees are generally held in five barred cells located in the fifth floor east cell block. One of these cells is thirteen feet by eleven feet; the other four are thirteen feet by ten feet. All but one of the cells have eight bunks in them; the [506] remaining cell has six bunks. In the most crowded cells, therefore, each detainee has less than seventeen square feet of space when the cells are full — and that space includes the area occupied by the bunks, the wash basin and the open toilet. According to Sheriff Cauthron’s testimony and defendants’ exhibits, the average number of detainees in each cell in 1977 was approximately five, although some of the cells are frequently filled to capacity. As a practical matter, then, the inmates can do little but sit or lie on their bunks.

The detainees are ordinarily kept locked in their cells twenty-four hours per day, including meal times. They are released only three times per week for fifteen to thirty minutes for showers and exercise. They are also permitted to leave their cells to make court appearances.

Convicted prisoners are generally held in cells measuring fourteen feet by ten feet, or fourteen feet by eleven feet, with capacities of either six or eight inmates. When fully occupied, therefore, these cells afford each prisoner approximately eighteen to twenty-six square feet of living space, including the space occupied by the bunks, the wash basin and the open toilet. Again, the record shows that, at least at times, some of the cells are filled to maximum capacity.

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Campbell v. Cauthron, 623 F.2d 503 (8th Cir. 1980).

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