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HENDRICK et al. v. JACKSON et al.

Appeal, No. 576 C.D. 1972.

10 Pa.Commw. 392 (1973)

Edward Hendrick et al., Appellants, v. Gerald Jackson et al., Appellees.

Commonwealth Court of Pennsylvania.

August 31, 1973.

Attorney(s) appearing for the Case

John Mattioni, Deputy City Solicitor, with him Howard D. Scher, Assistant City Solicitor, S. Jay Sklar, Assistant City Solicitor, and Martin Weinberg, City Solicitor, for appellants.

David Rudovsky, with him Kairys & Rudovsky, Bruce E. Endy and Joseph Wenk, Community Legal Services, Inc., for appellees.

Argued February 6, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, August 31, 1973:

There are two basic issues raised in this appeal from an order of the Court of Common Pleas of Philadelphia, which decreed that the Philadelphia prison system as it is presently being operated is in violation of the Eighth Amendment prohibition against cruel and unusual punishment in its treatment of its inmates and detainees.

In deciding whether or not the lower court erred as a matter of law in concluding...

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