CLEARY v. SMITH

No. S-11646.

146 P.3d 997 (2006)

Michael CLEARY, Demetry Kenezuroff, Harry Morgan, Bob Owen, Thomas Walter, and Ernest Morgan, on behalf of themselves and all other persons who are now or will be similarly situated, Appellants, v. Robert SMITH, Commissioner, Department of Health and Social Services; Roger Endell, Director, Division of Adult Corrections, Department of Health and Social Services; Vernon Caulkins, Assistant Director, Division of Adult Corrections, Department of Health and Social Services; Reverend William Lyons, Beverly Dunham, Frederick Pettyjohn, Al Widmark, and Conrad Miller, all of the Alaska Parole Board; Samuel Trivette, Executive Director of the Alaska Board of Parole, and their subordinates, employees and agents, Appellees.

Supreme Court of Alaska.

November 9, 2006.


Attorney(s) appearing for the Case

Donald F. Stumpf, pro se, Seward.

John K. Bodick, Assistant Attorney General, Anchorage, David W. Marquez, Attorney General, Juneau, for Appellees.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, and CARPENETI, Justices.


OPINION

PER CURIAM.

In 1981 a group of adult prisoners confined in correctional institutions owned or operated by the State of Alaska or the Federal Bureau of Prisons (FBOP) filed a class-action lawsuit challenging prison conditions under the Alaska and United States Constitutions. The class was eventually divided into three subclasses. Subclass C consisted of "all Alaska prisoners who are now or who will be confined in institutions which are owned...

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