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Double Bunking Not Allowed In NJ Jail
Public advocate for prisoner's in Monmouth County Correctional Institution
filed a motion seeking to modify a previous court order involving prisoner
housing. In the original suit a district court found conditions at MCCI to
be unconstitutional. The judge subsequently ordered various modifications
including a population cap and disallowed double bunking on certain wings,
1595 F.Supp. 1417 (1984). Later, in response to a special master report
detailing improvements, the same district judge approved "partial double
bunking" and raised the population cap, 695 F.Supp. 759 (1988). In
response, the public advocate filed a motion requesting the 1988 order be
modified to again disallow double bunking and reduce the population cap
accordingly. The district court held: 1) The population cap was for overall
(male) capacity, not specific wings. 2) The 1988 ruling allowing double
bunking was a "misapprehension," thus upon clarification double bunking was
again disallowed. 3) The agreement by the parties to house less than the
total capacity of prisoners at MCCI does not "reflect a modification of a
fact finding," therefore, the Court has no reason to "modify such a factual
conclusion." Ordered accordingly. See Index for other cites in this case.
See: Monmouth County Correctional Institution Inmates v. Lanzaro, 717
F.Supp. 268 (D.N.J. 1989).
filed a motion seeking to modify a previous court order involving prisoner
housing. In the original suit a district court found conditions at MCCI to
be unconstitutional. The judge subsequently ordered various modifications
including a population cap and disallowed double bunking on certain wings,
1595 F.Supp. 1417 (1984). Later, in response to a special master report
detailing improvements, the same district judge approved "partial double
bunking" and raised the population cap, 695 F.Supp. 759 (1988). In
response, the public advocate filed a motion requesting the 1988 order be
modified to again disallow double bunking and reduce the population cap
accordingly. The district court held: 1) The population cap was for overall
(male) capacity, not specific wings. 2) The 1988 ruling allowing double
bunking was a "misapprehension," thus upon clarification double bunking was
again disallowed. 3) The agreement by the parties to house less than the
total capacity of prisoners at MCCI does not "reflect a modification of a
fact finding," therefore, the Court has no reason to "modify such a factual
conclusion." Ordered accordingly. See Index for other cites in this case.
See: Monmouth County Correctional Institution Inmates v. Lanzaro, 717
F.Supp. 268 (D.N.J. 1989).
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Related legal case
Monmouth County Correctional Institution Inmates v
| Year | 1989 |
|---|---|
| Cite | 717 F.Supp. 268 (D.N.J. 1989) |
| Level | District Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | Granted |
MONMOUTH CTY. CORRECTIONAL INST. INMATES v. LANZAR, 717 F. Supp. 268 (D.N.J. 03/27/1989)
[1] UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
[2] 82-1924
[3] 717 F. Supp. 268, 1989
[4] March 27, 1989
[5] MONMOUTH COUNTY CORRECTIONAL INSTITUTION INMATES, et al., Plaintiffs,
v.
WILLIAM LANZARO, Sheriff, et al., and WILLIAM H. Fauver, Commissioner, N.J. Department of Corrections, Defendants
[6] Harold A. Ackerman, United States District Judge.
[7] The opinion of the court was delivered by: ACKERMAN
[8] Original Opinion of September 1, 1988, Reported at 1988 U.S. Dist. LEXIS 10443.
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Opinion Footnotes
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[9] *fn1 In addition, I inadvertantly listed the dates of the February, 1986 consent judgments as having been entered in April 1986 and to the extent I did so my opinion shall be modified.
[1] UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
[2] 82-1924
[3] 717 F. Supp. 268, 1989
[4] March 27, 1989
[5] MONMOUTH COUNTY CORRECTIONAL INSTITUTION INMATES, et al., Plaintiffs,
v.
WILLIAM LANZARO, Sheriff, et al., and WILLIAM H. Fauver, Commissioner, N.J. Department of Corrections, Defendants
[6] Harold A. Ackerman, United States District Judge.
[7] The opinion of the court was delivered by: ACKERMAN
[8] Original Opinion of September 1, 1988, Reported at 1988 U.S. Dist. LEXIS 10443.
--------------------------------------------------------------------------------
Opinion Footnotes
--------------------------------------------------------------------------------
[9] *fn1 In addition, I inadvertantly listed the dates of the February, 1986 consent judgments as having been entered in April 1986 and to the extent I did so my opinion shall be modified.