Balla v. Board of Corrections, Civ. No. 81-1165

Citation656 F. Supp. 1108
Decision Date25 March 1987
Docket Number78-1045.,Civ. No. 81-1165
PartiesWalter D. BALLA, et al., Plaintiffs, v. BOARD OF CORRECTIONS, et al., Defendants.
CourtUnited States District Courts. 9th Circuit. District of Idaho

Walter D. Balla, William M. Prince, Timothy Haak, Gary G. Allen, Weyland R. Cowan, Darby J. Sharp, pro se.

Dean Schwartzmiller, Appointed Lay-Assistant, ISIC Law Library, Boise, Idaho, for plaintiffs.

Jim Jones, Atty. Gen., State of Idaho, Robert R. Gates, Timothy R. McNeese, Deputy Attys. Gen., Corrections Section, Boise, Idaho, for defendants.

FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER

RYAN, District Judge.

INTRODUCTION

After thirteen days of trial, beginning on March 5, 1984, this court entered its Memorandum Opinion, Findings of Fact, Conclusions of Law and Order on November 1, 1984, in which the court dealt with a variety of eighth and fourteenth amendment claims regarding conditions and policies at the Idaho State Correctional Institution (ISCI). Balla v. Idaho State Board of Corrections, 595 F.Supp. 1558 (D.Idaho 1984). Upon entering Findings of Fact and Conclusions of Law, the court required certain changes to be made at ISCI. The court's order encompassed areas identified in Rhodes v. Chapman, 452 U.S. 337, 364, 101 S.Ct. 2392, 2408, 69 L.Ed.2d 59 (1981), including food preparation; medical facilities; places for eating; safety; clothing; nutrition; medical, dental and mental health care; certain rehabilitative programming; and staffing.

On July 11, 1985, after the court conducted compliance hearings to determine whether defendants had complied with the opinion and order entered November 1, 1984, the court adopted defendants' plans for compliance with certain amendments and ordered that the procedures outlined in those plans be formally adopted and implemented in all respects not later than October 1, 1985.

On October 10, 1985, plaintiffs filed a Motion for Contempt alleging that the defendants had not complied with and were in violation of this court's order of July 11, 1985, regarding the issue of psychiatric care. The plaintiffs did not challenge, through a contempt motion, the implementation of any programs or policies ordered adopted in the July 11, 1985, order except the psychiatric care program. On July 29, 1986, this court held a hearing regarding the plaintiffs' Motion for Contempt. In the court's order of August 18, 1986, the court determined that the defendants had complied with the requirements specified in the plans previously adopted by the court. The court rejected plaintiffs' arguments in support of their position that the policies and programs adopted by the court, even if in place, did not raise psychiatric care at ISCI to constitutional minima and that the court should completely reopen and re-try the adequacy of the psychiatric care program. The court's order of August 18, 1986, closed to relitigation all issues raised in this action except the issue of overcrowding.

In Balla v. Idaho State Board of Corrections, 595 F.Supp. 1558 (D.Idaho 1984), the court did not explicitly find, in terms of numbers of inmates, unconstitutional overcrowding at ISCI. In fact, this court, based upon the testimony heard in March of 1984, felt the obvious overcrowding at ISCI would in all likelihood be alleviated by giving the Board of Corrections a little time to develop some of their announced plans. Of particular concern to this court was the historical failure in the operation of ISCI to meet constitutional minima in the housing of high-security and close custody inmates. Thus, the court in its original decision sidestepped the issue of overcrowding for another day.

However, from an inmate and prison personnel safety standpoint, the overcrowding and double-celling of inmates in medium custody had reached a critical state to the end that the court did order a doubling of the employment of security personnel, particularly in the medium security tiers.

At the compliance hearings held in the summer of 1985, the court became concerned and was persuaded that a full determination needed to be made regarding the overall overcrowded condition at ISCI. Instead, the court found that increased numbers of medium custody inmates resulting in double-celling of inmates would require the prison administration to employ twice the security personnel on those medium security tiers. The court viewed this requirement from a personal safety standpoint. At the behest of the plaintiffs, the court has agreed to make a determination regarding overcrowding at ISCI as a specific condition of confinement.

On October 31, and November 1, 1985, the court heard testimony on plaintiffs' claim that ISCI is overcrowded to such an extent as to violate the eighth amendment of the United States Constitution. At the close of testimony, both parties agreed that the court would benefit from expert testimony. Further hearing on the matter was continued until such time as a court-appointed expert would be prepared to testify as to his findings and conclusions.

Thomas Lonergan was appointed the court's expert. Mr. Lonergan toured the prison facility and retired to prepare his report. Scheduled hearings were vacated and reset due to Mr. Lonergan having been overcome by illness. On September 3, 1986, the court was forced to relieve Mr. Lonergan of his duties as court-appointed expert.

The court directed the parties to meet in an attempt to agree on an expert to replace Mr. Lonergan. Failing to do so, the court ordered that the parties submit names and vitae of persons whom they recommended as the next court-appointed expert. On December 3, 1986, the court appointed W. Raymond Nelson as the court's expert.

Mr. Nelson toured the ISCI facility in January of 1987 and submitted his report during the first week of February 1987. On February 12, 1987, the court and its staff independently toured the ISCI facility. On February 13, 1987, the court conducted a hearing to provide the parties and the court an opportunity to question Mr. Nelson regarding his findings and conclusions contained in his report. The court then took the entire matter under advisement and, being fully advised in the premises, hereby sets forth the following Findings of Fact and Conclusions of Law on the issue of whether or not the admitted overcrowding at ISCI is of such proportions that the housing of inmates at ISCI does not meet the constitutional minima as required by the eighth amendment.

LEGAL STANDARDS AND ANALYTICAL FRAMEWORK

The eighth amendment prohibits cruel and unusual punishment involving the unnecessary and wanton infliction of pain. Rhodes v. Chapman, 452 U.S. 337, 346, 101 S.Ct. 2392, 2398, 69 L.Ed.2d 59 (1981); Gregg v. Georgia, 428 U.S. 153, 173, 96 S.Ct. 2909, 2925, 49 L.Ed.2d 859 (1976). There is no static test by which the court can determine whether conditions of confinement are cruel and unusual since the eighth amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society. Rhodes v. Chapman, 452 U.S. at 346, 101 S.Ct. at 2398; Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); Trop v. Dulles, 356 U.S. 86, 78 S.Ct. 590, 2 L.Ed.2d 630 (1958).

The concurring opinion in Rhodes v. Chapman, 452 U.S. 337, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981), sets forth the specific conditions and situations which the court must look to when analyzing overall prison conditions and overcrowding:

In determining when prison conditions pass beyond legitimate punishment and become cruel and unusual, the "touchstone is the effect upon the imprisoned." Laaman v. Helgemoe, 437 F Supp 269, at 323. The court must examine the effect upon inmates of the condition of the physical plant (lighting, heat, plumbing, ventilation, living space, noise levels, recreation space); sanitation (control of vermin and insects, food preparation, medical facilities, lavatories and showers, clean places for eating, sleeping, and working); safety (protection from violent, deranged, or diseased inmates, fire protection, emergency evacuation); inmate needs and services (clothing, nutrition, bedding, medical, dental, and mental health care, visitation time, exercise and recreation, educational and rehabilitative programming); and staffing (trained and adequate guards and other staff, avoidance of placing inmates in positions of authority over other inmates). See ibid.; Ramos v. Lamm, 639 F2d 559, at 567-581. When "the cumulative impact of the conditions of incarceration threatens the physical, mental, and emotional health and well-being of the inmates and/or creates a probability of recidivism and future incarceration," the court must conclude that the conditions violate the Constitution. Laaman v. Helgemoe, supra, at 323.

Id. at 364, 101 S.Ct. at 2408.

The Ninth Circuit, in Hoptowit v. Ray, 682 F.2d 1237 (9th Cir.1982), identified the proper analysis for eighth amendment claims:

In analyzing claims of Eighth Amendment violations, the courts must look at discrete areas of basic human needs. As we have recently held, "`An institution's obligation under the eighth amendment is at an end if it furnishes sentenced prisoners with adequate food, clothing, shelter, sanitation, medical care, and personal safety.'" Wright v. Rushen, 642 F.2d 1129, 1132-33 (9th Cir.1981) (Wright), quoting Wolfish v. Levi, supra, 573 F.2d 118 at 125.
....
As we have said, however, "Each condition of confinement does not exist in isolation; the court must consider the effect of each condition in the context of the prison environment, especially when the ill-effects of particular conditions are exacerbated by other related conditions." Id. at 1133. This is no more than a recognition that a particular violation may be the result of several contributing factors. "But the court's principal focus must be on specific conditions of confinement. It may not use the totality of all conditions to justify federal intervention requiring remedies more extensive than are
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