Porter v. Clarke

Leonie M. Brinkema, United States District Judge

Before the Court are plaintiffs' and defendants' renewed cross-motions for summary judgment. Plaintiffs argue that the conditions of confinement that existed on Virginia's death row at the initiation of this litigation violated the Eighth Amendment of the United States Constitution and that they are entitled to an injunction preventing defendants from returning to those conditions. Defendants argue that those conditions of confinement were constitutional and that this Court should decline to issue injunctive relief even if it finds a…