Opinion
Case No. 86-CV-361 G.
May 30, 2000.
ORDER
The defendants have made an early response to plaintiffs' motion for an order to show cause. It is apparent that defendants did not comply with Judge Greene's order as to double bunking in "B" block because they did not seek an order authorizing double bunking upon a showing that conditions on "B" block met the standards of D block. Defendants do not even address this matter.
In addition, neither party has presented affidavits factually supporting their positions as to the status of "B" block. If the conditions of "B" block were improved to meet D block standards, then the failure to show proof to this court and to obtain prior approval for double bunking may not warrant contempt even though the injunction remains in effect.
The court considers it an unlikely proposition that the injunction terminated under provisions of the Prison Litigation Reform Act, 18 U.S.C. § 3626 (b)(2). No motion has been made under Rule 65(b) F.R.C.P.
The plaintiff refers to defendants using "B" block as a "lockdown" facility. Judge Greene's order did not address that situation and the circumstances of inmate out of cell and cell use time were not included in this court's order, although the report and recommendation of the magistrate judge did address this problem. Therefore, there is no contemptuous conduct related to the application of double bunking in B block, if the block otherwise met the court's requirements.
It is apparent that additional factual information is necessary before it can be determined if a hearing should be held on plaintiffs' motion for an order to show cause. In addition, the court is of the opinion that counsel for plaintiffs and defendants should meet and confer on this matter, and do so at the prison (USP) in Draper at least once and to make an on site inspection of B block. Therefore,
IT IS HEREBY ORDERED:
1. Each party shall submit affidavits or other factual material bearing on their respective positions about the status of "B" block.
2. Counsel shall meet and confer on this matter, at least once at the USP at Draper, and shall mutually inspect "B" block.
3. Thereafter, plaintiffs and defendants shall make further written submissions on the issue now before the court. This should be done on or before June 30, 2000.