Costello v. Wainwright

RONEY, Circuit Judge:

This is a class action on behalf of inmates of the Florida prison system alleging constitutional violations because of inadequate medical care. Defendants1 appeal an Order and Preliminary Injunction entered on May 22, 1975, requiring them to lower the inmate population to “emergency capacity”2 within one year of the date of *549the Order and to “normal capacity”3 by December 1,1976. The effect of that Order was stayed pending appeal.4 A panel of this Court affirmed the Preliminary Injunction with some modification of the dates for compliance.5 Defendant’s petition for…