as to its sanitary conditions and proper food handling.
16. Prisoners on E Gallery when they request sick call, do not get exercise on that day.
17. E Gallery houses approximately 120 prisoners and the exercise yard to accommodate these prisoners restricts the number to no more than 13 prisoners at any one time.
18. It is impossible for all 120 prisoners on E Gallery to receive two hours or more of exercise each day due to the constraints of the institution and of the ability of the prison personnel to handle this number of prisoners.
19. Prisoners on E Gallery receive visitors in a restricted area where they cannot touch the visitors due to a plexiglas partition between the prisoners and the visitors.
20. The plexiglas partition is a measure of security as the prisoners in E Gallery have demonstrated an inability to comply with prison regulations.
21. Prisoners in the general population are able to meet with visitors in a more informal, less structured area.
22. Prisoners in E Gallery have visiting hours restricted from Monday through Friday.
23. Visitors in the general prison population receive visitors on Saturdays and Sundays, as well as Mondays through Fridays.
24. Each prisoner on E Gallery is accompanied from E Gallery to the visitors room by a correctional officer and return the same way in order to avoid contact with the general prison population.
25. The need to restrict prisoners both as location of the visiting room and as to the days of the visiting privileges is needed for security purposes.
26. Due to personnel constraints it is not feasible for the prison authorities to supply the needed security for restricted prisoners on weekends and holidays.
27. For purposes of administration E Gallery is an extension of the restricted housing unit and all directives as to the restricted housing unit are applicable to E Gallery.
28. All food handlers are selected in accordance with the appropriate health and sanitary directives.
29. Food carriers in E Gallery are distinct from food handlers and do not come under the health administrative procedures.
30. Mattresses are sterilized when inmates are changed on E Gallery.
31. Mattresses are flame retardant.
32. The cell is cleaned when inmates are changed on E Gallery.
33. The light which plaintiff reported out in his cell was repaired within a reasonable period of time.
CONCLUSIONS OF LAW
1. Prisoners have no constitutional right to a single cell. Rhodes v. Chapman, 452 U.S. 337, 347-350, 69 L. Ed. 2d 59, 101 S. Ct. 2392 (1981).
2. The courts should give great deference to the management and supervision of prisons to those who are charged with that responsibility. Bell v. Wolfish, 441 U.S. 520, 539, 60 L. Ed. 2d 447, 99 S. Ct. 1861 (1979).
3. Under Pennsylvania law, Pa. Stat. Ann. tit. 61, §§ 101-102 (Purdon 1982), prisoners while normally entitled to two hours of exercise per day may have that right limited for proper purposes.
4. The visitation restrictions that affected plaintiff since his placement in the E Gallery do not amount to a condition of confinement in violation of plaintiff's constitutional rights. See Peterkin v. Jeffes, 661 F. Supp. 895, 913-14 (E.D. Pa. 1987) (citing cases), aff'd in part, vacated in part and remanded, 855 F.2d 1021 (3d Cir. 1988); see also Kentucky Dept. of Corrections v. Thompson, 490 U.S. 454, 109 S. Ct. 1904, 104 L. Ed. 2d 506 (1989).
5. The plaintiff has failed to prove by a preponderance of the evidence that his incarceration on E Gallery during the term that he was incarcerated therein violated his constitutional rights. Peterkin v. Jeffes, 855 F.2d 1021, 1024-25 (3d Cir. 1988).
AND NOW, this 31st day of July, 1989, in consideration of the foregoing findings of fact and conclusions of law, and for the reasons stated therein, it is ORDERED that judgment is entered in favor of defendants, J. Kleiman, Alan J. LeFebre, Charles Zimmerman, and against plaintiff, George Rahsaan Brooks.
© 1992-2004 VersusLaw Inc.