Lead Opinion
While lawful imprisonment does deprive convicted prisoners of many rights, Hudson v. Palmer,
Recent decisions of the Supreme Court indicate a reevaluation of the role of federal courts in state prisoner cases. In Bell v. Wolfish,
There was a time not too long ago when the federal judiciary took a completely “hands-off” approach to the problem of prison administration. In recent years, however, these courts largely have discarded this “hands-off” attitude and have waded into this complex arena. The deplorable conditions and draconian restrictions of some of our Nation’s prisons are too well known to require recounting here, and the federal courts rightly have condemned these sordid aspects of our prison systems. But many of these same courts have, in the name of the Constitution, become increasingly enmeshed in the minutiae of prison operations. Judges, after all, are human. They, no less than others in our society, have a natural tendency to believe that their individual solutions to often intractable problems are better and more workable than those of the persons who are actually charged with and trained in the running of the particular institution under examination. But under the Constitution, the first question to be answered is not whose plan is best, but in what branch of the Government is lodged the authority to initially devise the plan. This does not mean that constitutional rights are not to be scrupulously observed. It does mean, however, that the inquiry of federal courts into prison management must be limited to the issue of whether a particular system violates any prohibition of the Constitution, or in the case of a federal prison, a statute. The wide range of “judgment calls” that meet constitutional and statutory requirements are confined to officials outside of the Judicial Branch of Government.
Bell,
Factual Background
Due to the comprehensive nature of the district court’s decree, the extensive record in this case must be examined in detail. See Williams v. Lane,
This Court recently applied the rule to a prisoners’ civil rights claim in Hadi v. Horn,
The defendants in this case waited until their reply brief before articulating their view of the proper scope of review regarding the district court’s factual findings. In their reply brief, defendants offer in a con-clusory fashion various examples of what they consider clearly erroneous findings of facts on the security concerns of the prison officials. These unpersuasive arguments are really a thinly-guised attack on the credibility determinations of Judge Shadur, which “can virtually never be clear error.” Anderson,
As an initial matter, we reject these excuses. The district court quite properly refused to accept defendants’ testimony because it conflicted with the objective factual record. The inconsistencies and contradictions in their statements were adjudged “frankly unworthy of belief.” Moreover, a court’s “deference to the administrative expertise and discretionary authority of correctional officials must be schooled, not absolute.” Campbell v. Miller,
Having discussed the relevant standard of review, it is now appropriate to turn to the history of plaintiffs’ action. This case concerns a prisoner’s civil rights class action suit for both injunctive relief and damages under 42 U.S.C. § 1983 and Illinois state law. The plaintiffs are inmates at Stateville Correctional Center near Joliet, Illinois, and the class representative is Willie Williams, who was incarcerated in the prison’s protective custody unit from November 1977 to October 1983. The plaintiff class consists of all inmates assigned to protective custody at Stateville since April 30, 1982. The plaintiffs allege that their rights have been violated due in part to the living conditions and institutional programs assigned to them by the defendants.
The defendants are state prison officials sued in their individual capacities for acts taken under color of state law. Principal defendants include Michael Lane, director of the Illinois Department of Corrections (Department) since 1981; Richard DeRo-bertis, Stateville warden between July 1980 and November 1983; Michael O’Leary, Stateville warden after DeRobertis; Salva-dore Goding, the assistant warden under both DeRobertis and O’Leary; Gayle Fran-zen, Department director from January 1979 to February 1981; Marvin Reed, warden from June 1979 to June 1980; and Lou Brewer, warden from September 1978 to June 1979.
The plaintiffs basically claimed that the defendants violated these protective custody prisoners’ constitutional rights by failing to provide them with access to the same programs and services offered the general population inmates at Stateville. Specifically, this included denial of (1) their free exercise of religion, (2) meaningful access to the courts, (3) freedom from cruel and unusual punishment, and (4) their rights to due process and equal protection by failing to provide comparable programming and living conditions. Plaintiffs also alleged that defendants violated state law by not following the requirements of Administrative Regulation 808 (“A.R. 808”), adopted by the Department in 1976, which, besides creating a protective custody unit in each maximum security prison, mandates that “[hjousing and programmatic accommodations shall be comparable to those provided for the general population.” A.R. 808 was revised in 1982 to allow for the implementation of the consent decree entered in Meeks v. Lane, 75 C 96 (three-judge district court, N.D.111.1981), and reproduced in the plaintiffs’ Appendix. This decree required, inter alia, that defendants provide inmates in protective custody “with the same opportunities as other inmates in other housing areas of the general population for ... job assignments, vocational and educational assignments, recreation, access to prison libraries, access to religious services and to all other institutional programs.”
To understand the nature of this case, it is first necessary to describe the protective custody status available in Stateville through the programs and living conditions
Until January 1979, all protective custody inmates in Stateville were assigned to Cellhouse E. After the Department locked down Stateville in early 1979,
Since May 1979, when the protective custody inmates were moved to be housed with the disciplinary segregation inmates, the programs and living conditions of plaintiffs have been substantially restricted. It is necessary to compare the services available to the general population inmates to understand this disparity of service allocation.
The Department provides Stateville’s general population inmates the opportunity for free exercise of religion through communal worship services, classroom religious instructions, and private religious counseling. Chaplains meet regularly with all such inmates who request private meetings. Protective custody inmates, however, have received significantly inferior access to religious services since the move in May 1979. There are neither communal worship services nor classroom religious instructions. The only permitted religious programming was to allow the prison chaplains to counsel inmates through the cell bar doors.
After implementation of the 1981 Meeks consent decree, in January 1983 the Department agreed to provide protective custody inmates with one non-denominational communal worship service at the rear of Cellhouse B-West. These services, however, were eliminated in mid-1984 without explanation. After protective custody residents were moved to Cellhouse H in early 1985, this service was reinstated and held in the small area converted from garage use, permitting only 25 inmates to attend. The Department still does not allow these inmates to meet privately with clergy; the clerical staff is forced to counsel through the cell doors’ “chuck hole.” Visits by these clergymen average once a week.
A second area of programming, library services, is made available to the general population without burdensome restrictions. This library access includes legal materials, newspapers, magazines, audiovisual materials, legal counseling and assistance, and special programs on mental health, ethnic and cultural awareness, and paralegal training. As was the situation with religious services, after the lockdown protective custody prisoners received markedly inadequate and inferior access to the library. When an inmate of this status wants to go to the library, he must be locked alone in one of seven special security cages, except that cellmates, co-litigants, or co-defendants can share a cage. These inmates may not leave the cages, and they must depend on a library clerk to retrieve materials for them.
Access to the library also differs from that of the general population in the following respects: requests to go to the library are taken on a first-come, first-serve basis; the law clerks may not obtain general library materials for plaintiffs unless specially approved by a general library clerk; plaintiffs are never allowed to attend any
Various vocational and educational programs also are provided to general population inmates aimed at providing rehabilitation. These services are designed to encourage the attainment of higher education and to maintain professional instruction. Between May 1979 and November 1982, however, no vocational jobs were available for protective custody inmates. Only after entry of the Meeks decree have a limited number of such jobs been made available. Educational instruction for these inmates has not fared much better. Between May 1979 and January 1983, there were no classroom courses, with only basic education tutoring provided through the doors of the cells. Since implementation of the Meeks decree, a single college-level course and a limited General Education Development program were offered. The college course was discontinued in 1985 with the move to Cellhouse H. Demand for general instruction always exceeds the permitted number of registrants.
Finally, basic living conditions between those inmates of general population and protective custody status are simply not comparable. Protective custody inmates must eat all meals in their rooms, and these unpalatable meals were transported in unheated carts until November 1985. Recreational opportunities are poor for protective custody inmates. They are permitted no indoor recreation in gymnasium or social halls. They have solely 1 lk hours of day-room or yard access on alternate days.
The Department attempted to explain this disparate treatment as “security-motivated” or “security-oriented,” explanations found arbitrary, exaggerated, and pretex-tual by the district court. It was quick to acknowledge that “[a]s a maximum security prison housing inmates drawn from among the worst offenders in Illinois, Stateville presents understandable security concerns.” But in attempting to isolate protective custody inmates from the general population, the Department chose to treat these inmates with the same security procedures afforded those involuntarily assigned to disciplinary segregation.
The Department’s articulated security concerns are belied by its inconsistent manner in treating protective custody inmates, its unused viable options to the restricted living conditions and lack of programming, its actions totally unrelated to security, and finally its lack of effort to provide comparable programming. We will highlight some of these matters which were extensively noted by the district court.
The Department’s conduct demonstrates how its security reliance rationale is incomplete. This is first revealed in the inconsistent behavior afforded to protective custody inmates. While these inmates were permitted to take daily exercise together, they could not go to the library as a group. Inmates could exercise in the dayrooms together; yet they had to eat in their cells separately. Finally, the Department allowed groups to walk in the yard communally while prohibiting such recreation as watching movies together.
The district court, after of course realizing that it was not its function to assume responsibility for managing Stateville, named several available alternatives providing comparable conditions and programming to plaintiffs without jeopardizing any properly applied security concerns of the Department: (1) Stateville has many areas of usable space that could be converted to activity space; (2) light vocational training could be offered to inmates to be performed in their own cells; (3) a protective custody dining room could be added in Cell-house H which would satisfy Meeks; (4) revised library scheduling could allow greater access to inmates; and (5) night-shift work details could be implemented to allow protective custody inmates the opportunity to earn money.
In summarizing, Judge Shadur found that this disparity in programs stemmed from the Department’s lack of desire to make improvements, when opportunities to make such changes were long available to the defendants. Evidence adduced at the bench trial tended to show that the Department did have the ability to overcome security and operational concerns when it chose to do so.
After weighing this evidence, the court found for plaintiffs, denied defendants qualified immunity from damages, held that compensatory damages would be proper, and reserved ruling on punitive damages.
The defendants provided plaintiffs’ counsel with their tentative proposals on May 22, 1987, and on July 7, the court ordered defendants to show cause why they should not be held in contempt because their proposal “could not, under any view, have been understood by them in good faith as conforming to what this court had ordered them to do” (Sup.App. 27).
Defendants responded on July 21, 1987, but the district court again found defendants’ conduct intransigent and ordered them to provide a schedule of program changes by August 4, 1987 to comply with the earlier opinion. When this submission again stated that compliance was not feasible, the court adopted the suggestion by the plaintiffs to appoint a special master to assist the court in developing timetables to have the Department adhere to the mandate issued in the opinion (Sup.App. 54-56).
The defendants objected to this proposed appointment. On August 31, 1987, the court entered its final injunctive order which permanently enjoined the Department from violating the inmates’ constitutional rights, ordered the Department to provide plaintiffs with comparable programs and living conditions as to those afforded the general population, and provided for the appointment of a special master to develop, evaluate, and scrutinize the defendants’ implementation of remedial relief to be entered at a later date.
Analysis
On appeal, defendants initially contend that the district court ignored “a fundamental principle of law enunciated by the Supreme Court in prisoner’s rights cases; that is, the principle of judicial deference to prison administrators in the operation of their institutions.” They also point to the recent decisions in Turner v. Safley, — U.S. -,
1. “whether a valid, rational connection exists between the regulation and a legitimate government interest behind the rule”;
2. “whether there are alternative means of exercising the right in question that remain available to prisoners”;
3. “the impact accommodation of the asserted constitutional right would have on guards and other inmates and on the allocation of prison resources”; and
4. “although the regulation need not satisfy a least restrictive alternative test, the existence of obvious, easy alternatives may be evidence that the regulation is not reasonable.”
We again rely on these factors to determine whether Stateville’s restriction of plaintiffs’ constitutional rights to free exercise of religion, meaningful access to the courts through use of library services, due process, and equal protection were reasonable in light of legitimate security concerns. The district court determined that these restrictions were arbitrary and pre-textual, bearing no reasonable relationship to legitimate penological interests. This finding must be accepted unless clearly erroneous. Hadi,
Freedom of Religion
Inmates have only those First Amendment rights that are consistent with prison discipline and do not conflict with legitimate objectives of institutional administration. See Jones v. North Carolina Prisoners’ Labor Union, Inc.,
Prison administrators must permit inmates the reasonable opportunity to exercise religious freedom. Cruz v. Beto,
The district court ruled that defendants violated plaintiffs’ right to the free exercise of their religion by not allowing communal religious services, by not permitting prisoners participation in rituals of their faith, and by depriving the inmates of
Defendants oppose a conclusion that Stateville’s policies in providing religious services to protective custody inmates were inferior. They assert that “the logical relationship between the single non-denominational service and the protective custody inmate is apparent” (Br. 34). This policy is allegedly implemented because offering different religious services would “increase the risks” to inmates due to “increased numbers of group movements.”
Focusing on the O’Lone analysis, they further claim that there are other means available for protective custody inmates to exercise their religion through daily visits from chaplains and the distribution and receipt of religious materials. According to defendants, any increased number of communal services would have an allegedly burdensome “ripple” effect on both the staffing and programming in protective custody.
These justifications simply do not remedy the inadequate and needlessly inferior alternatives that the inmates have to exercise their religious beliefs. That the district court could offer some easily available and obvious options to provide more sufficiently the right to religion clearly shows that the Department’s current policies were unreasonable. Defendants have offered no tenable ground for overruling the conclusion below that the Department’s denial of the inmates’ opportunities for regular communal worship, religious instruction, and private religious counseling did not bear an adequate relationship to legitimate peno-logical interests.
Right of Access to Courts
Under the Fourteenth Amendment prisoners have the due process right to adequate, effective, and meaningful access to courts to challenge violations of their constitutional rights, Bounds,
Prison officials need not provide both direct legal aid and access to a law library so long as prisoners receive meaningful access. Bounds,
In Caldwell v. Miller,
Similarly, in Gaines v. Lane,
Finding that the library services provided to plaintiffs had been inadequate, the district court in this case concluded that plaintiffs had been deprived of meaningful access to the courts. The court analogized this situation to the “Catch-22” present in Corgain v. Miller;
Defendants disagree with this finding and contend that the access to the law library provided to protective custody inmates at Stateville meets the constitutional mandate of “meaningful access” to the courts. Viewing the Stateville plan as a whole, they contend that it meets the requirements of the Bounds case because the Department allegedly provides the inmates with trained assistance and regular access to an adequate legal library. Defendants’ restriction of the plaintiffs’ right to meaningful access, however, again fails to satisfy the Hadi standards. The access is severely inadequate in comparison to that afforded the general population. Moreover, the options such as rescheduling of library hours and use of satellite libraries would be viable alternatives to the current quandary faced by protective custody inmates desiring to do legal research. The evidence before the lower court sustains our holding that neither a reasonable relationship to a legitimate penological interest nor any negative impact from accommodating plaintiffs’ right to court access was credibly identified. This arbitrary denial of access to published materials certainly violated the protective custody inmates’ First Amendment rights. Martin, supra, at 1454.
Due Process Protections
Plaintiffs here asserted that the defendants’ restrictions on their religion and access to court rights and denial of housing and programmatic conditions comparable to those offered the general population residents violated their rights to due process and equal protection. The district court considered the due process and equal protection claims together, but we review them separately for purposes of this appeal.
Prisoners claiming a due process violation under the Fourteenth Amendment must demonstrate that they have been deprived of a protected liberty or property interest by arbitrary government action. Meachum v. Fano,
Once an alleged liberty interest is considered protected, the court then determines what process is due the prisoner by balancing the private interest affected, the risk of error in the procedures used, and the state interest in institutional security. See Wolff v. McDonnell,
Defendants here claim that the protective custody inmates’ due process rights have not been violated because first, the Fourteenth Amendment creates no liberty interest in remaining in the general inmate population as opposed to protective custody, and second, Illinois law, as embodied in A.R. 808 (now Department Rule 501.-310), creates no liberty interest under the facts alleged by plaintiffs. The first claim is irrelevant, for defendants never dispute that the plaintiffs have a constitutional interest in receiving meaningful opportunities for free exercise of religion and access to the courts. As shown, they have been deprived of those rights. Defendants cite Hewitt v. Helms,
The same is true of plaintiffs’ claim of due process with respect to housing and programs under a state-created liberty interest. A.R. 808- had binding force because it was adopted according to proper administrative procedures and required that “[hjousing and programmatic accommodations [for protective custody inmates] shall be comparable to those provided for the general population.”
Defendants merely assert that Hewitt governs, and that only regulations governing involuntary placement of inmates create a liberty interest.
The record below properly supports the district court’s conclusion that the Department’s decision to deprive plaintiffs of the foregoing rights was arbitrary. Cleveland Bd. of Educ. v. Loudermill,
Equal Protection
Prisoners do not surrender their rights to equal protection at the prison gate. Unequal treatment among inmates, however, is justified if it bears a rational relation to legitimate penal interest. Hudson v. Palmer,
To escape liability for disparately treating plaintiffs, defendants rely on this Circuit’s decision in French v. Owens, 777 F.2d 1250 (7th Cir.1985), certiorari denied,
These cases, however, are inapposite— distinguishable because here the Department’s explanations for security concerns were discredited by the court below. These defendants failed to establish the necessary relationship between prison security and disparate treatment of residents of protective custody, a relationship deemed crucial by this Court in French.
Illinois State Law
Plaintiffs initially asserted before the district court that defendants’ denial of housing and programmatic conditions comparable to those provided general population residents and of comparable opportunity for rehabilitation and parole each violates Illinois state law. Based on that claim, defendants now argue that the final injunctive order rested on violations of state law and that the district court ordered their compliance with A.R. 808. A violation of state law would not create liability under Section 1983. See Fleury, supra, at 1230; Martin, supra, at 1455; cf. Jones v. Thieret,
While the court did find that the defendants’ failure to comply with A.R. 808 and the Meeks decree violated state law, the court did not premise its order of injunctive relief on those alleged violations. Rather, the court specifically announced that it had removed “the references to ‘under the laws of the State of Illinois’ ... because I am not ordering compliance with state law as such.” (Pl.Br. at 45). The court properly justified its order on the foregoing federal constitutional deprivations.
Defenses to Liability
Qualified Immunity
The defense of immunity may prevent an inmate from securing relief for deprivations of constitutional rights. Prison officials who act in good faith receive qualified immunity for their actions. Procunier v. Navarette,
Because this Court is reviewing a denial of a claim of qualified immunity, it is necessary to decide “whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions.” Mitchell v. Forsyth,
Defendants, conceding that the district court relied on landmark Supreme Court cases which either established or reaffirmed general constitutional rights, make the shallow argument that the cases relied on did not clearly establish the specific rights to meaningful access to the courts, free exercise of religion, due process, and equal protection. Yet each of the cases used as support by plaintiffs clearly established that prison officials must demonstrate at a minimum a rational basis for abridging the inmates’ religious rights, Cruz,
An appellate court reviewing the denial of the defendant’s claim of immunity need not consider the correctness of the plaintiffs version of the facts, nor even determine whether the plaintiffs allegations actually state a claim.
Eleventh Amendment
The Eleventh Amendment to the Constitution bars suit against a state official when the state is the real party in interest. Pennhurst State School & Hosp. v. Halderman,
Defendants try to compare their case with Pennhurst, where the issue was “whether a federal court may award in-junctive relief against state officials on the basis of state law.” Id. While the district court did find that defendants’ failure to comply with A.R. 808 and the Meeks decree violated state law, it modified the parties’ proposed forms of final order to remove the references to state law as already noted. The court also expressly did not order compliance with state law. See supra at p. 882. Finally, the court did appropriately order relief for the federal constitutional violations.
The Supreme Court recently dismissed a petitioner’s contention that Pennhurst applied in Deakins v. Monoghan, — U.S. —,
Appointment of Special Master
The district court’s final injunctive order required the appointment of a special master pursuant to Rule 53(b), Fed.R.Civ.P. This rule provides such an appointment “only upon a showing that some exceptional condition requires” this action. Defendants contend that the record in this case does not demonstrate exceptional circumstances warranting this remedy and that such an appointment is inappropriate when state governments need flexibility to comply with a court order.
It is axiomatic that judicial supervision of court orders should ordinarily be exercised directly by a judge rather than by referral to a master. Such referrals “may cause additional costs and delays when reviews by the judge are sought, ... impair supervisory consistency and cohesiveness, [and] invoke[ ] special costs in the form of compensation and expenses.” Manual for Complex Litigation, Second § 20.14, pp. 11-12 (1985). Yet referrals may be appropriate “if, due to the unusual magnitude of the supervision needed in the complex case, failure to make referral would result in inattention or undue delay.” Id.; see also W. Brazil, G. Hazard, & P. Rice, Managing Complex Litigation: A Practical Guide to the Use of Special Masters (1983).
The judge’s authority to make a referral under Rule 53, if not consented to by the parties, is limited. La Buy v. Howes Leather,
We fully acknowledge that “[t]he appointment of a special master is the exception and not the rule and [that] there must be a showing that some exceptional condition requires such an appointment.” 5A Moore’s Federal Practice 11 53.05[3] n. 42 (1987). But the appointment of a special master was particularly desirable for the final injunctive order of this case, where non-compliance with the previous district court order was emphasized. See Gary W. v. Louisiana,
Appellate courts are rightly hesitant to grant writs of mandamus directing a trial court to vacate its reference to a special master unless a clear abuse of judicial power is shown. Chicago Housing Authority v. Austin,
The district court will be expected to review with care any findings of its special master. In re Chicago, Milwaukee, St. Paul and Pacific R.R. Co.,
Conclusion
“Judges are not wardens, but we must act as wardens to the limited extent that unconstitutional prison conditions force us to intervene when those responsible for the conditions have failed to act.” Harris v. Fleming,
“Confinement in Stateville’s segregation unit involves considerable isolation, sometimes for protracted periods; and the record shows, what anyway seems pretty obvious, that isolating a human being from other human beings year after year or even month after month can cause substantial psychological damage, even if the isolation is not total.”
Davenport v. DeRobertis,
In Section 1983 cases, prisoners may receive remedies comparable to all civil litigants. District courts may award damages, see Madison County Jail Inmates v. Thompson,
Affirmed.
Notes
. Protective custody is a status available to a Stateville inmate when he fears for his safety or when the warden believes the inmate’s safety may be in jeopardy. At any one time, from 200 to 300 of the inmates at Stateville are in protective custody.
. Stateville is a maximum security prison run by the defendants which houses approximately 2,000 inmates within five cellhouses. Inmates serve time for violent crimes such as murder and Class X felonies. Stateville has been the subject of recent litigation before this Court. See, e.g., Davenport v. DeRobertis,
. The Meeks decree further required that the defendants provide all inmates in the protective custody area: (1) "the opportunity to attend a communal religious service outside their cells once per week”; (2) "access to the general library at least one hour per week, and to the prison law library for at least four hours per week"; (3) "law clerks ... to do research and obtain copies” and "library clerks who will circulate within the unit on a daily basis"; (4) "educational opportunities commensurate with those available to inmates in the general population,” including "college credit courses”; (5) "job opportunities”; (6) at least "seven hours per week of out-of-cell recreation” (and a good faith effort to provide more); and (7) "food of comparable quality, quantity, and temperature as that provided to inmates assigned to general population” (and a good faith effort “to locate an area [in Stateville] suitable for use as a protective custody dining area”).
Revised A.R. 808 stated that "[h]ousing arrangements and essential services shall be comparable to those provided for the general population.” The district court found that "comparable" as used in A.R. 808 means "equivalent” or "equal in value or extent” (
. Lockdown is locking all prisoners in their cells except for very brief periods.
. The injunction is not officially reported but is reproduced as the first item in defendants’ Appendix.
. Judge Shadur was without the benefit of O’Lone and Turner. He relied upon the standard articulated in Caldwell v. Miller,
. In the revised version of A.R. 808 responding to the broad 1981 Meeks decree, "essential services” was substituted for "programmatic accommodations” to mesh with that decree (
. Because a timely and proper objection to reference to a special master was made and later overruled, appellants can petition this Court for review on appeal. Jack Walters & Sons Corp. v. Morton Bldg., 737 F.2d 698, 712-713 (7th Cir. 1984), certiorari denied,
Concurrence Opinion
concurring in the result.
I must reluctantly concur in the judgment of the court, and therefore write separately. The defendants’ litigation strategy in a case of significant public importance has dictated the outcome that we are required to affirm. Their inappropriate form of advocacy and intransigence regarding efforts to effectuate a remedy compel us to uphold an opinion which sweeps very
Although the record clearly establishes that the inadequate library privileges allowed to plaintiffs unconstitutionally restrict their right of access to the courts, in my judgment plaintiffs’ success on their other claims was far from inevitable. The protective custody inmates’ first amendment and due process arguments about the scope of their rights to religious services, vocational and educational programs, jobs, recreation, and living conditions called for a more reasoned rebuttal. But the prison officials were unwilling (or impervious to the need) to articulate credible justifications for their perhaps permissible treatment of these inmates. The defendants apparently failed to advance effectively the lack of reasonable and feasible alternatives. Although we customarily defer to their professional judgment in matters of administration, prison officials whose actions are challenged cannot avoid court scrutiny by reflexive, rote assertions that existing conditions are dictated by security concerns and that the cost of change is prohibitive.
The defendants’ and their witnesses’ approach caused the district judge to find them utterly lacking in credibility. They appear to have ushered the district court into virtually insulating his findings from review; as the majority points out, we may rarely hold such credibility determinations clearly erroneous. We may never ascertain to what extent these findings were “punitive.” The defendants certainly invited them by failing to engage the court in any persuasive discussion of penological objectives and alternatives. It is discouraging, to say the least, that a most critical state agency has been found so sorely wanting as a litigant by a United States District Court. See Williams v. Lane,
In particular, the defendants’ stance once the court decided their liability made the extreme remedy affirmed today almost inevitable. In the opinion of the district judge, the defendants made no substantial attempt at good faith compliance with the court’s directives once liability was established. By refusing to meaningfully comply with the district court’s request for aid in fashioning a remedy, defendants ensured a harsher result than would otherwise have been warranted. While the appointment of a special master to implement the court’s directives is an extraordinary and disfavored recourse, the defendants and their counsel forced the district judge’s hand.
Courts must of course recognize their limited competence in the troubled and complicated area of prison administration. However, prison administrators alleged to have violated inmates’ rights must meet such challenges with edifying and illuminating rejoinders drawn from their unique expertise, not with the modest responses advanced in this litigation.
