Inmates of Occoquan, Individually and on Behalf of All Other Persons Similarly Situated v. Marion S. Barry, Mayor, (Two Cases)

In my view, the district court correctly found that the inmates of the Occoquan correctional facility have been subjected to cruel and unusual punishment. I also believe that the court acted within its discretion in imposing the remedy of a population ceiling. Accordingly, I respectfully dissent.

I

The majority has fairly and comprehensively summarized the findings of the district court. However, for a full understanding of the reasons for my belief that the lower court was justified in concluding that the conditions at the Occoquan facility violate the Eighth Amendment, a brief recapitulation…