Hughes v. Judd

CONCLUSIONS OF LAW AND FINDINGS OF FACT

STEVEN D. MERRYDAY, District Judge.

[UJnder the Constitution, the first question to be answered is not whose plan is best, but in what branch of the Government is lodged the authority to initially devise the plan. This does not mean that constitutional rights are not to be scrupulously observed. It does mean, however,’ that the inquiry of federal courts into prison management must be limited to the issue of whether a particular system violates any prohibition of the Constitution....

Bell v. Wolfish, 441 U.S. 520, 562, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979).

Th…