NEWMAN v. STATE OF ALA.

Civ. A. Nos. 3501-N, 74-57-N and 74-203-N.

466 F.Supp. 628 (1979)

N. H. NEWMAN et al., Plaintiffs, v. STATE OF ALABAMA et al., Defendants, United States of America, Amicus Curiae. Jerry Lee PUGH, for himself and all others similarly situated, Plaintiffs, v. Larry D. BENNETT, Individually and in his official capacity as Commissioner of the Alabama Board of Corrections, et al., Defendants, Barry E. Teague, United States Attorney, Amicus Curiae. Worley JAMES et al., Plaintiffs, v. Larry BENNETT, Individually and in his official capacity as Commissioner of the Alabama Board of Corrections, et al., Defendants, The National Prison Project of the American Civil Liberties Union Foundation, Inc., and Barry E. Teague, United States Attorney, Amici Curiae.

United States District Court, M. D. Alabama, N. D.

February 2, 1979.


Attorney(s) appearing for the Case

Philip H. Butler (Robison, Belser, Brewer & Mancuso), Montgomery, Ala., for Newman plaintiff.

Robert D. Segall (Hobbs, Copeland, Franco & Screws), and John L. Carroll, Montgomery, Ala., for Pugh plaintiffs.

George Peach Taylor, University, Ala., for James plaintiffs.

W. Scears Barnes, Jr., Alexander City, Ala., for Bd. of Corrections.

Larry R. Newman, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., for other defendants.

Barry E. Teague, U. S. Atty., M. D. of Ala., Montgomery, Ala., Stephen A. Whinston and Patricia Gail Littlefield, U. S. Dept. of Justice, Civil Rights Division, Washington D. C., for amici United States of America and Barry E. Teague, United States Attorney.

Ralph I. Knowles, Jr., University, Ala., Matthew L. Myers, and Alvin J. Bronstein, Washington, D. C., for amicus The National Prison Project of the American Civil Liberties Foundation, Inc.

Michael D. Waters, Legal Adviser to the Governor, State of Ala., Montgomery, Ala., for Governor Fob James.


MEMORANDUM

JOHNSON, Chief Judge.

On October 4, 1972, this Court held that the failure of the Board of Corrections to afford the basic elements of adequate medical care to inmates in the Alabama Prison System constituted "a willful and intentional violation" of their rights under the Eighth and Fourteenth Amendments. Newman v. Alabama, D.C., 349 F.Supp. 278, 287. Four years later, when the Court issued its order...

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