Carl Dwayne Prince and two other inmates appeal from the district court’s
In their complaint, plaintiffs alleged that until 1993 female Arkansas prisoners were allowed to receive from outside the prison packages containing authorized personal property (“package call”), and to possess cassette tape players, whereas male Arkansas prisoners were denied these privileges in violation of their rights to equal protection. Plaintiffs sought class certification, declaratory and injunctive relief, and damages.
Following an evidentiary hearing before a magistrate judge, the district court dismissed the complaint, concluding the prison officials’ opinion that security concerns differed at the men’s and women’s institutions was objectively reasonable, and thus it was reasonable for the officials to believe that different package-call and cassette-player policies were necessary. Because the male and female inmates were not similarly situated, and the officials’ decision-making was rationally related to a legitimate penological interest, it was not a violation of equal protection to have different policies for the men’s and women’s institutions. In addition, the court concluded officials were entitled to qualified immunity.
We agree that defendants were entitled to qualified immunity. See Bills v. Dahm,
Finally, we conclude that neither the court’s denial of class certification nor the denial of certain requested witnesses was an abuse of discretion. See Sterkel v. Fruehauf Corp.,
Accordingly, we affirm the judgment of the district court.
Notes
. The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas, adopting the findings and recommendations of the Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas.
