State Ex Rel. Berry v. McBride

Justice STARCHER delivered the Opinion of the Court.

STARCHER, J.

In the instant case we adopt the recommendations of a special master appointed by this Court and hold that double-bunking in correctional facilities is not barred by State regulations; and that the decision whether an inmate should or should not be housed in a single cell must be made pursuant to enforceable standards, policies, and procedures that are based on pertinent medical and other relevant criteria.

I

Facts & Background

This matter is before this Court upon James William Berry’s petition asserting that the respondent warden…