Thompson

ORDER RE CONTEMPT AND FOR FURTHER PROCEEDINGS

Plaintiffs are inmates in the custody of the California Department of Corrections and the Warden of the California State Prison at San Quentin, who are now or were at the time of the commencement of the action under sentence' of death and housed in the condemned unit, “Condemned Row I.” Defendants are George W. Sumner, Warden of San Quentin, and Ruth Rushen, Director of the California Department of Corrections (successor to Jiro J. Enomoto). Plaintiffs brought suit on July 6, 1979, alleging that the conditions of confinement of condemned inmates at San Quentin constituted cruel and unusual punishment and a denial of due process, in violation of the state and federal constitutions. A Consent Decree was entered into on October 23, 1980, which requires defendants to take a number of corrective actions in the housing, treatment and privileges afforded condemned inmates at San Quentin.

The case is now before the Court on plaintiffs’ motions (1) for an order holding defendants in contempt of Court for failing to comply with the Consent Decree and (2) for an order requiring defendants to provide Wright hearings for reclassifications of…