Dohner v. McCarthy

635 F. Supp. 408, 1985 U.S. Dist. LEXIS 15090
CourtDistrict Court, C.D. California
DecidedOctober 9, 1985
DocketCV 83-7587 PAR
StatusPublished
Cited by5 cases

This text of 635 F. Supp. 408 (Dohner v. McCarthy) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dohner v. McCarthy, 635 F. Supp. 408, 1985 U.S. Dist. LEXIS 15090 (C.D. Cal. 1985).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RYMER, District Judge.

This is a class action in which plaintiffs, inmates at the California Men’s Colony (“CMC”), challenge the constitutionality of conditions of confinement. They seek to enjoin defendants, the Director of the California Department of Corrections and officials in charge of the prison, from continuing certain practices which they claim amount to cruel and unusual punishment in violation of the Eighth Amendment. 1 Specifically, plaintiffs complain about “doublecelling”, the conversion of “day-rooms” into dormitories, general overcrowding, insufficient staff, and incipient deterioration in housing, programs, classifications and facilities. Plaintiffs also contend that they enjoy a state created liberty interest in visitation, medical care and work credits which is protected by the Fourteenth Amendment.

Plaintiffs’ Motion for Preliminary Injunction was denied May 31, 1984. That ruling was affirmed on appeal to the Court of *411 Appeals for The Ninth Circuit in an unpublished Memorandum. 2 A class comprised of all inmates confined at CMC-East 3 was certified pursuant to Rule 28(b)(2) of the Federal Rules of Civil Procedure; plaintiffs’ request for certification of subclasses representing various classifications was denied. At trial plaintiffs renewed their request for subclasses composed of all Category J, K and 0 inmates 4 and another consisting of all inmates who were in protective custody status upon leaving a reception center but who are housed in general population at CMC without reclassification.

Trial was held in two installments, the first in San Luis Obispo at the Superior Court Building for the County of San Luis Obispo during the week of July 30, 1985 5 and the second, August 13-19 at the United States District Court for the Central District. More than fifty inmates and numerous correctional officers and experts testified.

I also toured the facility with counsel for both sides on three occasions. The first occurred on March 30, 1984 in connection with the request for preliminary relief. Prior to trial we made a day visit on July 26, 1985 and an evening visit July 29th. All visits were unannounced. The day tours covered the entire prison including housing units, 6 dining room and kitchens, recreational facilities, industries, classrooms, hospital and chapels. The evening visit was concentrated in the housing, recreation and program areas.

Having considered the evidence and argument of counsel, having evaluated the credibility of witnesses, having seen the facility, having observed both inmates and staff in the normal routine of prison life, and having developed from all these sources a sense of the health of the institution and the inmates it houses, I have reached the following findings of fact and conclusion of law:

FINDINGS OF FACT

Cell Design and Capacity

1. CMC was designed and built during the 1950s. The facility is comprised of four housing “quads,” each consisting of two cellblocks. [Exh. 116-1.] A cellblock contains three floors of cells. Corrections officials who were involved in its design believed that CMC would never be double-celled because of its unique cell construction. The 1200 “cells” at the facility are each divided into two separate “living units” separated by a permanent partition. Bunks are built-in to each side of the partition in an “over and under” configuration, so that the top of the partition on one side supports an “over” bunk and the bottom on the other side supports an “under” bunk. [Exh. 116-2, 3.] These units were designed to hold a single inmate in close, but private, quarters. The overall floor space in the living unit is approximately 56 square feet; all but 39 square feet are taken up by the bed and a toilet-sink fixture. Because of the extremely small size of these units, the Department of Corrections had a long *412 standing policy against double-celling at CMC.

2. In addition to a bed and the toilet-sink combination, each of the living units contains a desk, some shelves and a chair. Each unit has either a window or some other open space for light and ventilation. The window may be opened. Each unit is also connected to an air ventilation system which supplies fresh air to the unit and withdraws stale air from the unit. All units are supplied with hot and cold running water. Each has electric lighting. Only one-half the cells (four of eight of the cellblocks), however, have electricity provided for inmates' use within their housing unit.

3. Dayrooms are adjacent to the cell-blocks. Prior to the advent of overcrowding, each was equipped with a wall-mounted television, table and chairs. [Exh. 113-2.] Half of the dayrooms have been converted to dormitories [Exh. 113-12]; in those cellblocks in which there is no electrical outlet, the dayrooms have not been converted and those are open to inmates all day and until lockdown in the evening (or later for those watching television).

Double-celling

4. Double-celling was instituted at CMC in December, 1983 (“Phase I”). Prior to implementation of the double-celling plan, CMC had been the least overcrowded celled institution in the California System, with the population running at about 102% of its design capacity. At the time of the preliminary injunction in May, 1984, the population had risen to 3,115. As of June 23, 1985 there were 3,833 inmates, or 159% of design capacity. Phase IV is nearing completion. Eighteen hundred out of a total of 2,400 units will then be double-celled. Six hundred single cells will be left. Together with 108 dormitory beds, the capacity will have increased to 4,308, excluding the hospital and administrative segregation units, which will exceed the design optimum by 179.5%.

5. Because of the unique “over and under” construction of cells at CMC, half of the living units have built-in upper berths and the other half, lower berths. This makes it impossible to install a two-tier bunk bed. Units of both types have been double-celled. See pictures attached as Appendix II. The second bed in all units which are double-celled is attached to the wall and is designed to fold up and out of the way when not in use. However the discomfort and inconvenience of doublecelling in a lower berth unit is appreciably more acute than in the alternate configuration.

6. With the second bed folded up, floor space in the unit remains the same (56 square feet of which 39 are useable), but is shared by two inmates. The result is about 19V2 square feet per person. With the second bed down, the floor space is reduced to approximately 23 square feet, or IIV2 square feet per person. The two beds are separated by a strip 5-6 inches wide.

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Bluebook (online)
635 F. Supp. 408, 1985 U.S. Dist. LEXIS 15090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dohner-v-mccarthy-cacd-1985.