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HARRIS v. THIGPEN

Civ. A. No. 87V-1109-N.

727 F.Supp. 1564 (1990)

Carmen Jean HARRIS; et al., Plaintiffs, v. Morris THIGPEN, Etc.; et al., Defendants, Stewart M. Hughey; et al., Intervening Defendants.

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

January 8, 1990.

Attorney(s) appearing for the Case

Alexa P. Freeman, Elizabeth Alexander, ACLU Nat. Prison Project, Washington, D.C., Howard A. Mandell, Mandell & Boyd, Montgomery, Ala., Nancy Ortega, Steve Bright, Southern Prisoners Defense Committee, Atlanta, Ga., for plaintiffs.

David B. Byrne, Jr. & Scott R. Talkington, Robison & Belser, Harry A. Lyles, Horace N. Lynn and Andrew W. Redd, Legal Div., Alabama Dept. of Corrections, Montgomery, Ala., for Alabama Dept. of Corrections.

Dorothy F. Norwood, Correctional Health Care, Inc., Mt. Meigs, Ala., Geary A. Gaston, Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, Ala., for Correctional Health Care, Payne & Sutton.

David B. Byrne, Jr., Montgomery, Ala. (court-appointed), for intervening defendants.

OPINION

VARNER, District Judge.

This cause is now before the Court for final determination after trial and filing of post-trial briefs and amendments to said briefs by all parties.

This case involves the constitutionality of CODE OF ALABAMA [1975], § 22-11A-17, which requires testing of inmates for AIDS upon admission and within 30 days of release, construction of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as well as...

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