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Crowe v. Leeke

United States Court of Appeals, Fourth Circuit
Aug 25, 1976
540 F.2d 740 (4th Cir. 1976)

Summary

finding that inmate being forced to sleep in an overcrowded cell was not a condition of confinement which shocks the conscience so as to fall within the constitutional prohibition against cruel and unusual punishment

Summary of this case from Mathias v. Mathias

Opinion

No. 75-2099.

Submitted May 10, 1976.

Decided August 25, 1976.

Niles Crowe, appellant pro se.

Emmett H. Clair, Asst. Atty. Gen., Columbia, S.C., for appellees.

Appeal from the United States District Court for the District of South Carolina.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.


Niles Crowe instituted an action under 42 U.S.C. § 1983, challenging the conditions of his confinement in Cell Block Number Two of the South Carolina Correctional Institution. Seeking monetary and injunctive relief, Crowe alleged that he is confined with two other inmates in a cell approximately six feet high, nine feet long and seven feet wide and because the cell is so small only two inmates can sleep in beds, forcing the third inmate to sleep on the floor. He claims that these cell conditions imposed on him as a result of his maximum security confinement constitute cruel and unusual punishment in violation of his Eighth Amendment rights. Finding that this claim did not reach constitutional proportions, the district court dismissed the complaint. We affirm.

Sentenced to death in August 1970 upon his conviction of first degree murder, Crowe's death sentence was set aside on October 3, 1972, and he was transferred to Manning Correctional Institution to serve a sentence of life imprisonment. In August 1973 he requested to be returned to Cell Block Two at the Central Correctional Institution for protective custody status.

While federal courts are reluctant to interfere in the conduct and administration of correctional institutions, where deprivations of prison confinement amount to violations of constitutional guarantees, courts will exercise their right of judicial review. See Procunier v. Martinez, 416 U.S. 396, 404-405, 94 S.Ct. 1800, 40 L.Ed.2d 224 (1974); Cruz v. Beto, 405 U.S. 319, 321, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972). It is clear that confinement in a maximum security cell does not per se amount to a violation of cruel and unusual punishment. See Breeden v. Jackson, 457 F.2d 578 (4th Cir. 1972). In examining the deprivations complained of by an inmate as a result of this confinement, courts must balance "the legitimate rights of the prisoner [with] the necessary concern and responsibility of the prison authorities for security and order." Sweet v. South Carolina Department of Corrections, 529 F.2d 854, 860 (4th Cir. 1975).

In the instant case, Cell Block Number Two contains one hundred and eight cells, housing approximately one hundred and sixty-seven (167) inmates, ninety-seven (97) of which were in protective custody at the time of Crowe's complaint. In their answer, respondents stated that the cells in Cell Block Two are approximately ten feet long and seven feet wide. They conceded that overcrowded conditions exist at the institution because of a large influx of new prisoners but claim that attempts are being made to alleviate this problem. Crowe, in fact, has been approved for transfer to a new correctional institution upon completion of the prison's construction.

Crowe's complaint does not assert that while confined in Cell Block Number Two he was subjected to mental abuse or corporal punishment; was deprived of the basic implements of personal hygiene; was denied medical care or an opportunity to exercise; nor does he allege that his cell failed to meet certain reasonable sanitary standards. See Gates v. Collier, 501 F.2d 1291 (5th Cir. 1974); LaReau v. MacDougall, 473 F.2d 974, 977 (2d Cir. 1972), cert. denied, 414 U.S. 878, 94 S.Ct. 49, 38 L.Ed.2d 123 (1973). Rather the condition he complains of, while unpleasant, results from "the usual incidents of confinement in maximum security." Breeden v. Jackson, supra at 579.

From an examination of the record, the cramped cell conditions in Cell Block Number Two have not resulted from prison rules which can be characterized as "vindictive, cruel or inhuman." Roberts v. Pegelow, 313 F.2d 548, 550 (4th Cir. 1963). The placement of inmates who have sought protective custody classification and the number of inmates who may be safely assigned to a cell is a matter resting within the sound discretion of the prison administration. There is no indication that the overcrowding has resulted from an "arbitrary or capricious" exercise of judgment by prison officials. See Breeden v. Jackson, supra, at 581. Standing alone, Crowe's claim that, until transferred to a new facility now under construction, he is forced to sleep in an overcrowded cell is not a condition of confinement which shocks the conscience so as to fall within the constitutional prohibition against cruel and unusual punishment. See Sweet v. South Carolina Department of Corrections, supra; White v. Sullivan, 368 F. Supp. 292, 296 (S.D.Ala. 1973).

Accordingly, the order of the district court is affirmed.

AFFIRMED.


Summaries of

Crowe v. Leeke

United States Court of Appeals, Fourth Circuit
Aug 25, 1976
540 F.2d 740 (4th Cir. 1976)

finding that inmate being forced to sleep in an overcrowded cell was not a condition of confinement which shocks the conscience so as to fall within the constitutional prohibition against cruel and unusual punishment

Summary of this case from Mathias v. Mathias

affirming dismissal of complaint because allegation that cell was so small that only two inmates could sleep in beds, forcing the third to sleep on the floor, failed to state an Eighth Amendment violation

Summary of this case from Battle v. N.C. Dep't of Pub. Safety

rejecting an Eighth Amendment claim premised on allegations that three inmates were forced to sleep in an overcrowded cell with only two beds, forcing one inmate to sleep on the floor

Summary of this case from Parkerton v. Brooks

In Crowe v. Leeke, 540 F.2d 740 (4th Cir. 1976), an inmate claimed that overcrowded conditions at his institution amounted to cruel and unusual punishment where three inmates were housed in a two-man cell and one was required to sleep on the floor.

Summary of this case from Gray v. V.B.C.C. Inmate Hous.

In Crowe v. Leeke, 540 F.2d 740, 742 (4th Cir. 1976), the Court ruled that housing three sentenced inmates in a cell measuring six feet high, nine feet long, and seven feet wide "is not a condition of confinement which shocks the conscience so as to fall within the constitutional prohibition against cruel and unusual punishment," even though each "cell is so small only two inmates can sleep in beds, forcing the third inmate to sleep on the floor." Id., at 741.

Summary of this case from Burks v. Walsh
Case details for

Crowe v. Leeke

Case Details

Full title:NILES CROWE, APPELLANT, v. WILLIAM D. LEEKE, DIRECTOR OF S.C. DEPARTMENT…

Court:United States Court of Appeals, Fourth Circuit

Date published: Aug 25, 1976

Citations

540 F.2d 740 (4th Cir. 1976)

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