Full opinion text
MEMORANDUM OPINION JUDGMENT, DECREE, INJUNCTION AND ORDER FOR REMEDIAL ACTION BOHANON, District Judge. Preliminary Statement This case was initiated on April 24, 1972, with the filing of a pro se complaint by Bobby Battle, a prisoner at the Oklahoma State Penitentiary. On July 27, 1972, plaintiff Battle filed an amended complaint on behalf of himself and other inmates of the Oklahoma State Penitentiary alleging deprivations of rights secured by the Federal Constitution and Civil Rights laws including the rights to due process and equal protection of the laws, to free speech, to petition for the redress of grievances, to have access to the courts and to be free from cruel and unusual punishment. The complaint seeks injunctive relief, on behalf of all members of the plaintiff class, to remedy the alleged misconduct of the defendants as well as monetary damages for plaintiff Battle. Named as defendants were Leo Mc-Cracken, Director of Corrections, Park J. Anderson, Warden, and Sam C. Johnston, Deputy Warden of the State Penitentiary at McAlester. Since the commencement of this action, Leo Mc-Cracken has been replaced by John Grider, who now serves as Acting Director of Corrections, and Park J. Anderson has been replaced by Sam C. Johnston, who now serves as Acting Warden of the State Penitentiary at McAlester, and Mr. Pete Douglas has replaced Sam C. Johnston as Acting Deputy Warden. Mr. Roy Sprinkle, Deputy Director of Corrections in charge of Institutions, Captain Black, Danny Nace and Otis Campbell, Correctional Officers at the State Penitentiary, have been added as defendants. On March 15, 1973, the late Judge Edwin Langley granted the United States’ Motion to Intervene pursuant to Title IX of the Civil Rights Act of 1964, 42 U.S.C. § 2000h-2. The complaint in intervention alleged segregation by race in housing assignments and certain other aspects of penitentiary operations. On March 5, 1974, the Court granted the United States’ motion to amend its complaint in intervention which now alleges, in addition to the allegations of the original complaint in intervention, that the defendants have discriminated against black inmates in making job assignments and in the operation of the penitentiary disciplinary system; and that they have, with regard to all inmates of the Oklahoma State Penitentiary, without regard to race, subjected them to disciplinary procedures and taken disciplinary action against them without providing due process of law; subjected those inmates in disciplinary segregation to cruel and unusual punishment by depriving them of food, clothing, bedding, light and necessary personal hygiene items; placed inmates in non-disciplinary administrative segregation without providing them with due process of law and subjected them to unreasonable conditions of confinement; inflicted upon inmates summary punishment without due process of law and cruel and unusual punishment by the use of chemical agents, including mace and tear gas; inflicted upon inmates cruel and unusual punishment by maintaining and operating a medical care delivery system that is incapable of providing and has failed to provide adequate medical care; imposed upon inmates arbitrary and unreasonable restrictions on mailing privileges, including censorship and rejection of mail to and from attorneys, courts, government officials, family members and religious ministers; refused inmates the right to subscribe to or receive personal legal reference materials, as well as certain other periodicals; and denied inmates adequate access to the courts by failing to provide an adequate law library or any reasonable and adequate alternative thereto and by specifically refusing to permit inmates to have in their possession any personal legal reference materials or to assist each other on legal problems. The parties have conducted extensive pretrial discovery consisting of depositions, inspections and investigations conducted by attorneys, FBI agents and experts in penology. At the final pretrial conference held on March 4, 1974, counsel orally stipulated and agreed and the court ordered that all depositions taken prior to trial be admitted into evidence and made a part of the record. Trial on the merits was heard at McAlester, Oklahoma, on March 14 and 15, 1974. At the outset, counsel for all parties stipulated and agreed to the authenticity of copies of documents marked exhibits 1 through 161 and contained in 18 bound volumes previously tendered to counsel and the court by the United States. It was further stipulated and agreed and the court ordered that the said exhibits be admitted into evidence and made a part of the record in this case. Upon the basis of the depositions and exhibits and the oral testimony heard at the trial of this case and the cases of Holland et al. v. Anderson (No. 73-324) heard on March 12, 1974, and the consolidated cases of Barnett et al. v. Hall (No. 73-237), Johnson v. Anderson (No. 74-8), Barnett et al. v. Pontesso (No. 70-97) and Johnson et al. v. Anderson (No. 72-90) heard on March 13, 1974, the court makes its findings of fact and conclusions of law as follows: Findings of Fact 1. The Oklahoma State Penitentiary system consists of a main maximum security facility at McAlester and several subsidiary institutions located at Mc-Alester and other locations throughout the southeastern and western portion of Oklahoma. These subsidiaries include a dual unit women’s ward and a male trusty unit which are also located at McAlester; a medium security vocational training school located at Stringtown, Oklahoma, about 40 miles south of Mc-Alester ; a smaller minimum security facility for vocational training located near Hodgens, Oklahoma; and an Honor farm near Farris, Oklahoma. 2. The Oklahoma State Penitentiary System was established by law for the purpose of housing persons committed to the custody of the Department of Corrections under the administrative direction and control of the Division of Institutions, Title 57 O.S.A. § 509. 3. The Board of Corrections, composed of seven members appointed by the Governor, appoints the Director of the Department of Corrections. The Board has statutory authority to establish policies for the operation of the Department. Title 57 O.S.A. §§ 503, 504. The Director of the Department of Corrections is vested by statute with the authority and responsibility for the operation of all facilities within the department, for prescribing rules pertaining to the management of said institutions and for the control, care and treatment of inmates remanded to the custody of the Department of Corrections. Title 57 O.S.A. §§ 507 and 510. Such rules, when reduced to writing, are customarily promulgated in the form of departmental policy statements, but may also be issued in the form of operations memoranda. The Deputy Director of Corrections in charge of Institutions is appointed by the Director and is charged with the administrative responsibility for the operation of all facilities within the Department of Corrections. Title 57 O.S.A. §§ 508, 509. The Warden of the Oklahoma State Penitentiary at McAlester is vested by statute with the responsibility for performing all duties pertaining to the penitentiary as are fixed by the Director of Corrections. Title 57 O.S.A. § 510. The established duties of the Warden include supervisory responsibility for the government and operation of the Oklahoma State Penitentiary at McAlester, Oklahoma, and its subsidiary units. Written rules issued pursuant to the authority of the Warden are promulgated in the form of memoranda, directives, etc. 4. All persons convicted of felonies and sentenced by duly constituted courts of the State of Oklahoma to a term of imprisonment which is not to be served in a county jail are committed to the custody of the Oklahoma Department of Corrections to be confined in one of the facilities subject to the jurisdiction of the Department. Title 57 O.S.A. § 521. 5. Between January, 1970 and July 27, 1973, the total population in the penitentiary system averaged about 2,990 male and 120 female inmates. The largest concentration of inmates in the system was “behind the walls” at the main facility at McAlester. 6. On July 27, 1973, a riot occurred at the McAlester facility which resulted in the destruction of some physical facilities and damage to others. Following the riot, many programs, procedures, practices and operations that had been in effect at the penitentiary were either eliminated or curtailed. The general inmate population was placed on a twenty-four-hour lockdown which continued with only minor modifications at the time of the trial in this ease. Numerous examples could be cited from the record of practices and conditions which were justified as emergency measures in the immediate aftermath of the riot and even for some time thereafter, but which were still in substantial effect at the time of the trial of this case, long after their justification had ended. 7. During the 7 months of 1973 prior to the riot, the inmate population at the main facility averaged about 1778 or 57% of the total penitentiary population. The racial composition of the population at the main facility averaged 29.5% Black and 70.5% non-Black inmates. Many of these inmates were transferred to subsidiary institutions and to municipal and county holding facilities and commitments to McAlester were suspended following the riot. The population at McAlester dropped to 1338 in August 1973, and after several additional reductions has leveled off at approximately 900 inmates since the first of this year. 8. Prior to the riot, the facilities at the main penitentiary consisted of an administration building, four general population cellhouses and a mess hall radiating from a central rotunda, a maximum security unit and combination hospital-gymnasium and a series of industrial and maintenance buildings, some of which were located in the “industrial area” north of the main walls. Two of the general population cellhouses were constructed in 1907. The third and fourth units were added in 1932 and 1935. The design capacity of the penitentiary was approximately 1,200. 9. The civilian staff level of about 350 at the main McAlester facility has remained fairly constant. Out of this total civilian staff, about 242 Save been employed as security personnel holding the rank of Correctional Officer I (about 160 men); Correctional Officer II (about 65 men); Correctional Officer III or Lieutenant (about 11 men); and Correctional Officer IV or Captain (about 6 men). Under the normal conditions as they existed before the riot, the security staff provided 24 hour, 7 day a week supervision and surveillance over the cellhouses, lockup areas, guard towers and hospital complex. The staff also provided daytime supervision and surveillance over the work areas (industrial, maintenance and administrative), the yard and special inmate work gangs. They also supplied the supervision required for the transfer of inmates to other Oklahoma penal facilities, to outside medical facilities and to the courts. Their post-riot activities have generally consisted of carrying out such security functions as were deemed necessary, from time to time, by penitentiary authorities. 10. The security force at the Oklahoma State Penitentiary at McAlester is understaffed and spread far too thin. The continuing deficiencies in needed personnel have been at least 30 to 35 percent less than the level required to maintain adequate supervision and control. This limited staff is inadequately trained and poorly supervised. There is a high turnover among correctional officers; the monthly rate reaching 8 to 9 percent, particularly among lower echelon security personnel. Proper training may well be impossible with this shortage of personnel accompanied by such a continuing turnover rate. The available security force is simply inadequate to maintain proper order and carry on even minimally effective corrections operations. Staffing deficiencies have been a causative factor in the conditions which existed and still exist at the penitentiary. The level of violence inside the penitentiary has been alarming. From January 1970 until July 27, 1973, defendants’ own records reflect a total of 19 violent deaths. In addition, there were 40 stabbings and 44 serious beatings of inmates. Some of the violence occurred in the cellhouses where frequently only one guard was available for an entire cellhouse. Some violence occurred on the prison yard where frequently only one or two guards were available to supervise and control the entire general population. 11. Since the riot, lack of adequate security has been used continously as an excuse for the confinement of the majority of inmates in their cells 24 hours a day, in complete idleness and without any form of exercise or other recreation. As previously indicated, this massive and almost total lockdown has continued for over 8 months, with the limited exception that inmates not confined in disciplinary maximum security have recently been granted the meager privilege of eating one or two meals in the mess hall every other day provided adequate security is available. Only a limited number of inmates are regularly permitted out of their cells to perform penitentiary maintenance and housekeeping chores such as preparing food and repairing or maintaining the physical complex. Racial Discrimination and Segregation 12. Prior to the July riot, the policy and practice at the Oklahoma State Penitentiary was to maintain a prison system segregated by race and by means of which black inmates were subjected to discriminatory and unequal treatment. Except for the maximum security unit, where inmates under disciplinary punishment were confined in single cells, all inmates were routinely assigned to housing units on the basis of race. The reception center, the mess hall, the recreation yard and barber facilities were racially segregated. Black inmates were discriminated against in job assignments and were subjected to more frequent and disparate punishment than white inmates. The guard force was and remains predominantly white. A policy statement issued by the Department of Corrections on October 20, 1972, declared the official departmental policy to be that all of its correctional facilities would be integrated in order to insure equal rights and equal opportunity to all persons confined therein. This policy statement also directed correctional administrators to formulate, implement and follow up procedures to insure that discrimination did not occur in practice. The need to increase minority personnel at every level was made clear and it was suggested that each correctional facility appoint an official to be directly responsible for supervising the recruitment and fair treatment of minority employees. A departmental operations memorandum issued on the same date set forth specific requirements for the implementation of the departmental policy statement. Wardens at each state penal facility were directed to prepare plans for complete integration, to take immediate action to inform and instruct all employees regarding the official policy on racial segregation and of their obligations thereunder, to implement an objective and fair classification system for inmates with respect to all aspects of institutional life, to inform the inmates of the racial segregation policy, and to make telephonic progress reports each Monday morning to the Deputy Director of Institutions or the Director of the Department of Corrections detailing the percentages of integration at each location and any major problems encountered. Both the policy statement and accompanying operations memorandum were completely ignored by the Warden at the Oklahoma State Penitentiary at McAlester. Racial segregation, as had been practiced prior to the issuance of these directives, continued unabated. Not until the July riot did any noticeable changes occur. Only at that time, operating under emergency conditions, were inmates randomly lined up and ordered into cells. At the present time the housing units are not racially segregated. Due to perceived emergency conditions the prison population is temporarily confined to single cells under 24 hour lockdown. The defendants have instituted a security classification system under which inmates are assigned either a medium, maximum, or close custody grade and separated into various housing units according to their respective classifications. The new grading system does not, however, provide for specific cell assignments and transfers on a non-racial basis. Accordingly, there is no present assurance that housing units will not become resegregated when normal operations are restored. Disciplinary Rules, Punishment and Procedure 13. Prior to the July 27, 1973, riot, defendants administered a disciplinary program which could result in punitive sanctions including punitive segregation as well as loss of incentive time and other privileges. These sanctions were imposed pursuant to a disciplinary process which is described in'departmental policy statements and in the most recent inmate manual. Viewing the disciplinary process as a whole, to include both policies and practices, defendants have failed to afford inmates the procedural safeguards which are minimally necessary to insure fundamental fairness. The record discloses the following: (a) Inmates are not fairly adequately apprised of the conduct which can lead to disciplinary action. Some, but not all, punishable conduct is contained in various rule books and manuals. There is, however, no policy limiting punishment to listed infractions; some infractions are specified in employee manuals, but excluded from inmate rule books; some of the most common, minor infractions are nowhere listed or defined although punishment routinely results in the event of violations. In some instances, inmates have been punished for violating unwritten rules against constitutionally protected activity (e. g., assisting or being assisted by one another in legal matters in the absence of reasonable alternatives). (b) In the event that disciplinary charges are filed, the applicable Department of Corrections policy statement provides for pre-hearing detention in “serious cases” only. It was formerly the official O.S.P. practice to segregate only those charged with “major” offenses, as described in the employee manual. This practice was later changed by O.S.P. officials, and, thereafter, all inmates charged with any rule infraction(s) were automatically confined in segregation, prior to a hearing, in the punishment work gang lockup area located in New Cellhouse or the new jail in the West Cellhouse. Because the Disciplinary Committee usually met only once a week, inmates could routinely be held in segregation for up to six days without a hearing, regardless of the seriousness of the offense charged. Inmates have in fact been so held for up to six weeks before receiving their hearings. (c) The Department of Corrections has published rules governing the procedures to be followed at disciplinary hearings. They do not require, however, that the disciplinary committee be comprised of disinterested persons. In practice, hearings have been and are held on occasion before committees with a member or members who have either brought the charges against the inmate or otherwise participated in the preparation or processing thereof. (d) The official policy is to afford inmates a prehearing interview and an opportunity to appear and be heard at the hearing itself. Inmates are, however, denied the right to call witnesses on their own behalf or to confront and cross-examine adverse witnesses. No representation is provided by the institution and outside assistance from counsel or any other source is prohibited. (e) There are no departmental rules, criteria or standards governing the type or duration of punishment which the disciplinary committee may impose for any given infraction. It has been the policy and practice at the penitentiary to impose indefinite sentences to the various lockup facilities. As a result of this practice, inmates have in fact often been held on punitive segregation for prolonged terms (which frequently reached six months to a year) under extremely harsh restraints and conditions. (f) It is the written policy of the Department of Corrections to afford a weekly review of all persons on lockup by the Deputy Warden or his designee. The Standard to be applied and the procedures to be followed during these review sessions are not, however, set forth. In practice, there is no meaningful independent review by the Deputy Warden or other high-ranking, responsible administrative officer or panel. Instead, the responsibility for determining length of confinement has been abdicated to the correctional officers in charge of the individual lockups. (g) The officer in charge of the Maximum Security Unit has been permitted to punish inmates summarily, without a hearing or any other procedural safeguards for conduct which takes place in the unit. Accordingly, inmates have had the minimal privileges afforded on M.S.U. further reduced for conduct deemed objectionable by the officers in charge. Similarly, inmates may be transferred to one of several isolation cells on M.S. U. at the sole discretion of the officer in charge, without any procedural safeguards other than the informal requirement that the Deputy Warden or chief of Security be notified. 14. Inmates confined in disciplinary lockup, particularly in the Maximum Security Unit, have been held for prolonged periods in close confinement. Exercise was limited to 15 minutes twice a week prior to the riot. Since that time all exercise was being denied as recently as the date of this trial. Sleeping accommodations consist of mattresses placed directly on the floor or on a concrete slab. There were and are no beds. The cells are vermin infested. Lighting throughout the lockup areas was and is inadequate. The isolation cells have the same dimensions and fixtures as other M.S.U. cells. They are, however, sealed off from the rest of the unit by a dividing wall. These isolation cells have only a small window or “bean hole” which can be closed to isolate the occupant completely and to seal out all light and ventilation. Such inmates receive no exercise, reading material or any other form of recreation. Inmates who were sentenced to that form of disciplinary status officially referred to as “72 hour detention,” were deprived of food, clothing, bedding and necessary hygienic materials and confined in cells generally known and commonly referred to as “hole” cells. These are totally dark and stripped of all fixtures other than latrines and faucets. Penitentiary officials published rules for such “72 hour detention,” but there were no published departmental policies governing the use of these “hole” cells. Confinement in these “hole” cells was discontinued in the fall of 1972, pursuant to an unwritten administrative directive. The actual cells have been maintained and remain available in substantially the same condition as before for future use at any time this or any subsequent administration so decides. Administrative Lockup 15. Prior to the riot, a large number of inmates were confined in administrative segregation on the top floor of the west cell house and on the top floor of the new cell house. Although some inmates were held in the administrative segregation areas for disciplinary punishment due to a lack of space in the maximum security unit, the majority were so held for a variety of reasons such as protection from other inmates, observation, investigation, awaiting court action and pre-hearing detention. These inmates had been convicted of no infractions or offenses and had been provided no hearings or other procedural safeguards. In spite of this, they were subjected to conditions of confinement which were punitive in nature. They were held in close confinement for prolonged periods with minimal lighting and ventilation. They received no exercise. Their privileges were restricted and they were denied the oportunity to participate in the prison work programs, to earn work time or to engage in any self-improvement programs. They were not considered for trusty status or parole eligibility. Following the riot, administrative segregation as previously practiced was dispensed with. Instead, through the process of custody grading and the 24 hour lockdown, essentially the entire prison population is now confined in administrative segregation under conditions which can still only be described as punitive. Inmates classified as “maximum custody,” are not confined in the maximum security unit, and the first floor of East Cellhouse although they have been provided no disciplinary hearings. Inmates classified as “close custody” are now confined on the second and third floors of East Cellhouse. Inmates classified “medium custody” are confined on the fourth floor of East Cellhouse and throughout the West Cell-house. A limited number of medium security inmates who have work assignments are also housed on the first floor of New Cellhouse. Inmates with different custody grades received different treatment. Those maximum custody inmates assigned to the maximum security unit receive the fewest privileges. At the other extreme are the medium custody inmates who have been afforded work privileges. Use of Chemical Agents 16. The use of chemical mace and tear gas normally causes physical pain and discomfort and, on several occasions appearing in this record, the use of such chemical agents has caused serious physical injury and even death of inmates. Pursuant to his statutory authority, the Director of the Department of Corrections issued Policy Statement No. 7302.1 dated January 4, 1973, regarding the use of force including chemical agents at all Oklahoma Correctional Facilities. Under this policy, only such force was to be employed as was reasonably necessary under all attendant circumstances. Definite guidelines for implementing the policy included the following: (a) No person was to lay hands on a prisoner, except in self defense, to prevent an escape, to prevent injury to persons or damage to property, or to quell a disturbance. In controlling or moving an unruly prisoner, sufficient personnel were to be used to preclude the necessity for striking or inflicting bodily injury. Gas was not to be used on an individual prisoner except to prevent serious injury or loss of life. Accordingly, physical force was not to be used to force compliance with rules or regulations other than under the foregping circumstances. (b) When the use of force was necessary, it was to be exercised according to the priorities of force and limited to the minimum degree necessary under the particular circumstances. When firepower was utilized, the aim would be to disable rather than to kill. The application of any or all of the priorities of force listed below, or the application of a higher numbered priority without first employing a lowered numbered one, was dependent upon and required to be consistent with the situation encountered during any particular disorder. Priorities of force were: 1) Physical restraint; 2) Show of force; 3) Use of physical force other than weapons fire (Riot Squads); 4) Use of high pressure water; 5) Use of chemical agents; 6) Fire by selected marksmen; 7) Use of full fire power. The policy statement required that whenever a chemical agent was used on an inmate and/or inmates, the War-, den would immediately telephone the Director of the Department of Corrections or, in his absence, the Deputy Director of Institutions. The telephonic report was to be followed by a written report containing all facts and circumstances concerning the incident. Notwithstanding these directives, the wardens and other high-level officials at the Oklahoma State Penitentiary at McAlester have approved or acquiesced in the use of chemical agents as a purely punitive measure against inmates, including even inmates locked in their cells, in violation of the limitations imposed by the Department of Corrections. Mace and tear gas have been used on inmates for such conduct as loud singing in cells, refusing to get haircuts or to shave, possession of contraband (such as instant coffee) in cells, destruction of state property (such as breaking plastic spoons), cursing an officer, talking in a loud voice or yelling, screaming for a doctor and shaking or rattling cell doors. None of the incidents discussed above were shown to have presented any real or immediate threat to the security of the institution and certainly did not rise to the level of threatening serious injury or loss of life. The Court finds as a fact that most, if not all, of these incidents were precisely the type of rules infractions concerning which the use of any type of physical force was intended to be prohibited by the departmental policy statement. They were, rather, incidents that should have been dealt with officially, if at all, by means of the use of the disciplinary system. Accordingly, it is clear that a pattern and practice exists of using chemical agents against inmates when inadequate (if any) consideration was given by the officials involved to the threshold question of whether a given situation warranted the use of any physical force at all, whether chemical agents or otherwise. Chemical agents, such as mace and tear gas, have as an inherent characteristic the affecting of individuals other than those against whom they are specifically directed. This is a fact that has not been given adequate consideration by the defendants and their agents in determining whether such agents should be used in given situations. The record reveals incidents in which these various chemical agents were used against disorderly inmates under appropriate circumstances, but in excessive amounts. The Court finds that while the use of chemical agents was not wholly unjustified, the manner and extent of their use was improper. The record also reveals incidents in which chemical agents were used against specific individual inmates under circumstances justifying the use of physical force as a behavior control measure, but where other reasonable means of controlling the behavior of the specific inmates existed and where the chemical agents could not be used without visiting their effects on other, innocent inmates. The Court finds that the choice of chemical agents as the behavior control device in such instances was not justified. The wardens and other high level officials at the penitentiary have routinely received reports of the improper use of chemical agents by correctional officers, but have failed and refused to take any corrective action. The Director of the Department of Corrections is either unaware of or condones the continued violations of the Department’s policy, since the evidence of record reflects no action having been taken to seek to compel adherence to the limitations imposed by the Department’s own regulations. Medical Care 17. Defendants have maintained and operated a medical care delivery system at the Oklahoma State Penitentiary which was and is incapable of providing, has failed to provide, and continues to fail to provide adequate medical care for the inmates. The medical staff and facilities which are located at the main penitentiary at McAlester are relied upon to diagnose and treat the medical, dental and psychiatric problems of inmates throughout the penitentiary system. Prior to the riot of July 27, 1973, the on-site medical staff, facilities, equipment and procedures at the Penitentiary are systemieally incapable of meeting the routine or emergency health care needs of the inmate population. This facility and the equipment and records it contained were destroyed during the riot. A temporary hospital ward has been established in a former eellhouse and the security Captain’s office is now used as an examination room. Portions of the medical research facility adjacent to the penitentiary have also been converted to use as an examination area for trustees. It is obvious, however, that those inadequacies in plant and equipment which existed prior to the riot were aggravated by the riot and that no effective solution has been formulated. Professional dental care was supplied to the entire population by a series of part time dentists until July of 1973. Though a full time dentist was hired at that time, no trained civilian support personnel have been hired to assist him. This level of dental staffing is unable to meet the routine dental care needs of the population intended to be served. Indeed, even if there were two dentists and they were provided minimal para-dental support, they could still only be expected to treat 50 percent of the dental pathology involved. Though approximately one half of the average in-patient population at the penitentiary is hospitalized for psychiatric reasons, there is no professional psychiatric staff available for treatment on a regular basis. A visiting psychiatrist makes weekly visits pursuant to an informal agreement, but he has not assumed responsibility for the care of these patients. The only “treatment” available at the penitentiary consists of temporary relief from “distress” through sedation. The professional medical staff available to the inmate male population at the time of trial consisted of one fully licensed, part-time M.D., serving as chief medical officer, and two additional doctors who have institutional licenses which permit them to practice in state institutions, but only under the supervision of a fully licensed physician. The services of the institutional licensed physicians have been equally divided between health care of inmates and operation of the plasmaphersis program at the penitentiary so that the services of only one of them are normally available at any given time. The actual services supplied by the chief medical officers have varied. The chief medical officer at the time of the riot was supplying full time services. Since his resignation, only part-time services are provided by his successor, Dr. Karl Sauer, who also maintains an active, private orthopedics practice in McAlester. Part of Dr. Sauer's time at the penitentiary is required to be spent on administrative matters. For many years, the penitentiary system has, for all practical purposes, been without any professionally trained medical support personnel whatsoever. Due to shortages in staff, defendants have continuously relied on unlicensed, untrained and unqualified correctional officers and other penitentiary employees, as well as inmate personnel, to perform clinical and related medical services which should be performed solely by licensed and qualified professionals. Such services performed by unqualified inmate and civilian personnel include, for example, screening medical complaints to determine which inmates on sick call will actually get to see a doctor, as well as providing actual treatment and nursing care. Subsequent to the riot, defendants have placed even greater reliance on such unqualified personnel at the main facility where almost the entire inmate population was being held on 24 hour lockdown as recently as the time of this trial. The lockdown has in fact seriously exacerbated previously existing problems in the medical area. Defendants have endeavored, both before and since the riot, to supply some medical services by referrals to various outside facilities. This system of referrals, however, has failed to compensate for on-site deficiencies in staff and facilities and does not and cannot adequately meet the medical needs of the inmates. The past and present systemic medical deficiencies at O.S.P. have resulted in instances of actual impairment of inmate health and continue to pose an actual and potential threat to the physical health and well-being of the O.S.P. inmate population. Correspondence Rights 18. Defendants have engaged in a pattern and practice of arbitrary and unreasonable restriction, interruption and delay of mail to and from inmates at the Oklahoma State Penitentiary. Defendants have unduly restricted the inmates’ opportunity to conduct sealed or privileged correspondence with counsel, the courts and other governmental agencies. Incoming sealed correspondence has never been permitted from any source and, until quite recently, all such incoming mail was opened and read. Outgoing sealed correspondence with attorneys, other than the correspondent’s single “attorney of record,” and to federal courts and government officials has also been denied privileged treatment, even after defendants purported to recognize limited “privileged” correspondence on or about February 2, 1973. Accordingly, at least some letters to and from courts, attorneys and government agencies continued to be opened, read, copied, recorded, and/or rejected. Furthermore, defendants’ policy on privileged correspondence was never fully implemented. In apparent contravention of that policy, the established practice of officers in charge of the various lockup facilities at the penitentiary was to deny any sealed correspondence privilege to their charges. An additional barrier to the confidentiality of such correspondence has been the failure to provide notary services within the secured areas of the pentitentiary. Accordingly, legal documents which required notarization could not be sealed by the inmates, inasmuch as they were required to turn these matters in for notarizing, which was effected outside their presence. At the supplemental pretrial conference held on December 6, 1973, counsel for the defendants tendered to the Court and opposing counsel a new Department of Corrections policy statement governing inmate correspondence. Implementation of the policy statement was not undertaken until very recently and the record is unclear as to the exact manner in which the new policy has been applied in practice. On its face the document permits sealed out-going correspondence without restrictions. All incoming mail is still to be opened. Only inspection for impermissible enclosures is expressly authorized, but reading is not actually prohibited. Any inspection is required to be conducted in the presence of the inmate addressee, if the mail is from an attorney. This procedure is expressly extended to inmates on lockup or “segregated” status. Under the new policy no privilege is recognized with respect to mail from courts and government officials. There is no provision for solving the problem on confidentiality of outgoing mail requiring notarization. Moreover, any inmate whom unidentified officials determine has violated “certain imposed guidelines” will apparently be reduced to the limited opportunity to conduct sealed correspondence, as recognized under the old policy. The new mail policy also eliminates a number of restrictions formerly applied to unprivileged mail. Prior to and during most of the time this case has been pending, defendants severely restricted personal correspondence to five immediate family members, as approved by the penitentiary classification office. No other “personal” correspondence was allowed. Mail of a non-personal nature was permitted, but only if the inmate’s classification officer made a determination that the particular communication was of a “business” nature. No written rules or guidelines defining “business” mail were ever established or made available either to the inmates or to the employees who were required to make such evaluations. In practice, classification officers exercised this undefined authority in a manner that rejected letters to and from ministers, attorneys, government officials and other similar correspondents. Under the new mail policy, inmates may not correspond with outside businesses or institutions for the purpose of soliciting catalogues, fee samples or educational material, or for the purpose of conducting their own business. Regardless of purpose, they may not conduct any correspondence with persons known to them only through newspaper or magazine ads, or with persons in prison who are not immediate family members. There is a separate departmental policy statement governing the practice of religion which prohibits inmates from communicating with ministers who are ex-convicts. In addition to the foregoing expressed limitations, evidence in the record shows that certain inmates have not been permitted to correspond with a San Francisco, California, prisoner aid group, believed by the inmates to be a possible source of legal services. There is no indication of change in defendants’ continuous, but unwritten, policy of prohibiting correspondence of any kind in a foreign language. As indicated above the new policy authorizes inspection, but neither authorizes nor prohibits the reading of incoming mail. On the other hand, there was never any express authority to read inmate mail under the prior policy. Nevertheless, the actual practice at the penitentiary routinely involved the reading of inmate mail for the purpose of discovering and rejecting mail containing “gossip” and “improper language.” There was no expressed policy, purpose, direction or standards for such censorship, so the employees authorized to censor such mail did so on an entirely subjective basis. Publications 19. Defendants have in the past prohibited and continue to prohibit inmate subscriptions to, receipt and/or possession of certain magazines and newspapers. In the past, the official written rule was that subscriptions could be obtained to any periodicals on the approved periodical list. In fact, such a list did not exist. Decisions on individual requests to subscribe to various periodicals were made on a case-by-case basis, by penitentiary personnel, guided by essentially no promulgated standards or procedures. After the riot, a practice was instituted that prevented inmates from subscribing to any newspapers or periodicals. Quite recently, there has actually been promulgated an approved periodicals list. As will be set forth in greater detail, this list still operates to exclude legal and religious periodicals. No procedure has been promulgated whereby inmates may seek to obtain approval for subscriptions to periodicals not on the approved list. In fact, they have been advised that all periodicals not on the list are contraband. The Court takes judicial notice that innumerable publications containing protected speech have not been included on the current approved list. Access to the Courts 20. The defendants have failed to provide an adequate law library or any reasonably and adequate alternative thereto. The library, such as it is, is located in a wood frame shelter attached to the wall of the main rotunda. Because of its size, approximately ten feet by six feet, only two or, at most, three inmates can use the facility at any one time. The facility is so lacking in legal reference books and publications as to constitute no library at all. For example there are no reports of decisions by the United States Supreme Court or lower Federal Courts. Inmates are prohibited from assisting one another on legal matters and in preparing their legal papers since such assistance may permissibly be provided only by a law librarian. In practice, penitentiary officials have also followed a policy of preventing inmates from acquiring legal books. In addition, inmates have been and are now prohibited from subscribing to any legal periodicals and have been denied the right to have in their possession any personal legal materials or other assets belonging to them and acquired for the purpose of working on their legal problems, although the latter prohibition has recently been relaxed. For extended.periods of time, the law library has been closed to inmates because no librarian was available. It is noted that during the year 1973, except for approximately six weeks, no law librarian was employed by the penitentiary. During such periods an inmate could use the library only if a classification officer was available to accompany him and to and open the library for him. Approximately 15 percent of the inmate population is illiterate and the sixth or seventh grade average reading ability of the population is less than that which is required for effective use of the more common legal reference materials. As is noted above, only the institutional “law librarian” may permissibly assist these and other inmates on legal matters. The use of the term “law librarian” is misleading since no librarian employed by the penitentiary has had any legal training. When such a librarian has been available he has been able to assist only three or five inmates per day. Inmates frequently must wait up to five weeks to receive assistance, if it is available at all. Inmates on lockup, regardless of the length of confinement, are prohibited from using the law library. They are only provided with legal forms which may be used to file -petitions with the courts. Male inmates from subsidiary facilities must request transfers to the main facility at McAlester in order to use the library facilities. Women inmates are afforded no library privileges and must depend upon visits from the law librarian, when one is employed and is available. Recently a new employee was hired to perform the functions of a law librarian. This employee is classified as a correctional officer I, but due to illness, has been unavailable for some time. It is heartening to note from the record that the defendants have made plans for upgrading the law library facilities, employing a full-time attorney and engaging the services of law students to provide legal assistance to inmates. However, such plans have not as yet been implemented and the conditions mentioned above still prevail. Religious Freedom 21. Inmates at the Oklahoma State Penitentiary who follow the Muslim faith do not, because of their religious beliefs, eat pork or any food mixed with pork or pork by-products. Said inmates have on numerous occasions petitioned penitentiary officials to provide them with pork free meals. Penitentiary officials have refused and still refuse to provide the pork free meals so requested. Defendants have failed to provide special diets, even when requested by the medical staff for medical patients, and nutritional analyses of penitentiary menus show that there are vitamin and protein deficiencies in the diet generally provided inmates. It is common knowledge that many meals are prepared with pork or pork by-products. However, the Court cannot determine with specificity, from the menus placed in the record, the extent to which pork or pork by-products are used in the food now served to the inmates. Of course, pork served in its natural state is easily discernible, but meals seasoned with pork are often difficult of detection. The record is devoid of any evidence indicating that inmates are advised of foods actually prepared with pork or pork by-products. It naturally follows that those inmates whose religious beliefs prevent the eating of pork in any form, are often forced either to chance that the food they eat is free of pork or to refuse the food altogether. Because of the dietary deficiencies found to exist in the regular meals now being prepared and served to all inmates, the Court finds that inmates who follow the Muslim teachings cannot obtain an adequate diet by foregoing the eating of food prepared with pork and will, if they attempt to follow the tenets of their faith, receive a diet even more deficient than that received by other prisoners. Muslim inmates have also been deprived of the oppportunity to gather together for group religious services. It is unclear for what periods this condition prevailed prior to the riot, since there is evidence in the record that some arrangement for such meetings had been made through the auspices of the Catholic Chaplain. Subsequent to the riot, there has been a total ban on group religious services regardless of denomination. This prohibition appears to have had a greater impact on the Muslims, because such services provide their only opportunity for religious guidance. Protestants and Catholics at the penitentiary have at least the services of a civilian chaplain with whom individual consultations may be arranged however brief or unsatisfactory they may be. Religious periodicals have not been included on the various official and unofficial approved periodical lists that have been in effect at the penitentiary at diverse times. Moreover, Muslim publications entitled “Elijah Muhammad Speaks” and “The Message to the Black Man in America” have been and are specifically prohibited by a departmental policy statement dated April 25, 1968. No factual justification for the exclusion of these two specific publications is shown. Likewise, no justification whatsoever is shown for the failure to include religious publications generally on the various approved periodicals lists. Members of the Muslim sect at Mc-Alester have earnestly urged this Court that their religious principles have been offended by their integration with non-Muslim inmates. For the reasons set forth in the Court’s discussion of racial integration this aspect of the Muslim complaint will not be honored and must be rejected. It is also claimed that none of the guards presently employed at the penitentiary are followers of Muslim faith. The Court has no reason to doubt this assertion, but finds no evidence that this condition has been the result of or has resulted in any direct or covert discrimination based upon religion or race. Finally, the Muslim plaintiffs have complained that following the July 27 riot, they were locked up because of their religious beliefs. The Court notes that the entire population at McAlester was and continues to be locked up under punitive conditions which it finds deplorable. There is, however, no evidence that Muslims, because of their beliefs, have been subjected to conditions or restrictions more punitive than other inmates of the Penitentiary. Prior Findings of this Court The trial in this case was heard on March 14, and 15, 1973, following a series of individual pro se cases presented to the court during the week of March 11. At the close of this trial, the Court entered a series of preliminary findings which dealt in general terms with the numerous unconstitutional conditions and practices which have been described in greater detail herein.! The Court further found from the totality of the record, that plaintiff as well as the other inmates at McAlester are entitled to such injunctive and mandatory relief, as is necessary to correct the deprivations of rights which have occurred in the past and will continue unless enjoined by order of this Court. The requests for additional relief were, however, denied because of evidence of contributing fault on the part of inmates. Accordingly, it was and is the determination of this Court that the record does not support the award of money damages to any prisoner nor is there evidence which would warrant the release of any prisoner from confinement prior to serving his full sentence. Conclusions of Law Jurisdiction 1. This Court has jurisdiction of this case. 28 U.S.C. § 1343(3) & (4). 2. The Attorney General of the United States was authorized to intervene in this action on behalf of the United States pursuant to Section 902 of the Civil Rights Act of 1964, 42 U.S.C. § 2000h-2. 3. “Federal courts sit not to supervise prisons but to enforce the constitutional rights of all ‘persons,’ which include prisoners. We are not unmindful that prison officials must be accorded latitude in the administration of prison affairs, and that prisoners necessarily are subject to appropriate rules and regulations. But persons in prison, like other individuals, have the right to petition that Government for redress of grievances. . . .” Cruz v. Beto, 405 U.S. 319, 321, 92 S.Ct. 1079, 1081, 31 L.Ed.2d 263 (1972). While federal courts are “reluctant to intervene in matters of prison administration,” Hoggro v. Pontesso, 456 F.2d 917 (C.A. 10, 1972), the record in this case has led this Court to conclude that the defendants have been and are operating the Oklahoma State Penitentiary in a manner which violates many rights secured to inmates by the Constitution and laws of the United States. “[A] policy of judicial restraint cannot encompass any failure to take cognizance of valid constitutional claims whether arising in a federal or state institution. When a prison regulation or practice offends a fundamental constitutional guarantee, federal courts will discharge their duty to protect constitutional rights. Johnson v. Avery, 393 U.S. 483, 486, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969).” Procunier v. Martinez, - U.S. -, 94 S.Ct. 1800, 1807, 40 L.Ed.2d 224 (1974). Racial Discrimination and Segregation 4. A state policy or practice of racial segregation in the operation of detention facilities violates the equal protection clause of the Fourteenth Amendment. Washington v. Lee, 263 F.Supp. 327 (N.D.Ala.1966), aff’d; Lee v. Washington, 390 U.S. 333, 88 S.Ct. 994, 19 L.Ed.2d 1212 (1968) ; Wilson v. Kelley, 294 F.Supp. 1005 (N.D.Ga.1968) aff’d 393 U.S. 266, 89 S.Ct. 477, 21 L.Ed.2d 425 (1968). Racial segregation of correctional facilities cannot be justified on the basis that integration may result in inmate violence. United States v. Wyandotte County, 480 F.2d 969 (C. A. 10, 1973) (per curiam); cert. denied 414 U.S. 1068, 94 S.Ct. 577, 38 L.Ed.2d 473 (1973); McClelland v. Sigler, 327 F.Supp. 829 (D.Neb.1971) aff’d, 456 F.2d 1266 (C.A. 8, 1972) (per curiam). 5. The equal protection clause of the Fourteenth Amendment prohibits racial discrimination in any aspect of prison administration. Privileges must be afforded equally to prisoners of all races. Rivers v. Royster, 360 F.2d 592 (C.A. 4, 1966); Jackson v. Godwin, 400 F.2d 529 (C.A. 5, 1968); Owens v. Brierley, 452 F.2d 640 (C.A. 3, 1971). Specifically, prison officials may not discriminate on the basis of race when making job assignments or administering discipline. Gates and United States v. Collier, 349 F.Supp. 881, 901 (N.D.Miss., 1972) (appeal pending). 6. The present cessation of segregation in inmate housing coming subsequent to the filing of a lawsuit due to emergency conditions beyond defendants’ control is insufficient grounds upon which to conclude there is “no reasonable expectation that the wrong will be repeated.” N. L. R. B. v. Raytheon Co., 398 U.S. 25, 27, 90 S.Ct. 1547, 1549, 26 L.Ed.2d 21 (1970); United States v. W. T. Grant Co., 345 U.S. 629, 633, 73 S.Ct. 894, 97 L.Ed. 1303 (1953). In light of the prolonged practice of segregation prior to the riot in contravention of stated policy, and because of the uncertainty of post-riot conditions and the importance of the rights at stake, judicial relief continues to be both appropriate and necessary. Rowe v. General Motors Corp., 457 F.2d 348 (C. A. 5, 1972); United States v. West Peachtree Tenth Corp., 437 F.2d 221, 228 (C.A. 5, 1971). Procedural Due Process 7. The due process clause proscribes any serious disciplinary sanctions against an inmate unless he is found to have violated written rules which are adequately promulgated prior to the commission of the infraction charged and which describe punishable conduct with reasonable precision. Sinclair v. Henderson, 331 F.Supp. 1123 (E.D.La.1971); Gates and United States v. Collier, 349 F.Supp. 881 (N.D.Miss. 1972) (appeal pending). 8. Summary punishment is unconstitutional ; serious disciplinary sanctions may not be imposed on inmates without a hearing. Inmates who are charged with infractions must be given official written notice of the specific charges against them. This notice must be given a reasonable time prior to conducting the hearing. Sinclair v. Henderson, supra; Sostre v. McGinnis, 442 F.2d 178 (C.A. 2, 1971); Nolan v. Scafati, 430 F.2d 548 (C.A. 1, 1970); Landman v. Royster, 333 F.Supp. 621 (E.D.Va.1971); see also, Black v. Warden, 467 F.2d 202 (C.A. 10, 1972). 9. The determination to impose serious disciplinary sanctions on prisoners must be made by an impartial decision-maker Sostre v. McGinnis, 442 F.2d 178 (C.A. 2, 1971), cert. denied sub nom. Sostre v. Oswald, 404 U.S. 1049, 92 S.Ct. 719, 30 L.Ed.2d 740 (1972). 10. The impartial disciplinary tribunal may not in effect abdicate sentencing responsibility by permitting line officers to determine the length of confinement. Accordingly, a denial of procedural due process results where indefinite lockup sentences are imposed without a regular, meaningful and independent review reasonably designed to enable the disciplinary tribunal or some other responsible disinterested administrative official or body to make its own determination regarding duration of confinement. See, Adams v. Carlson, 488 F.2d 619 (C.A. 7, 1973); Gray v. Creamer, 465 F.2d 179 (C.A. 3, 1972); United States ex rel. Walker v. Mancusi, 467 F.2d 51 (C.A. 2, 1972). 11. The imposition of significant additional restrictions or sanctions on inmates who have already been placed on disciplinary lockup requires the same procedural safeguards as apply at the time of the original punishment. Adams v. Carlson, supra; Palmigiano v. Baxter, 487 F.2d 1280, 1284-1285 (C.A. 1, 1973). 12. Automatic detention of inmates prior to disciplinary hearings can result in a denial of procedural due process. Whether awaiting institutional or judicial proceedings or both, such inmates should be segregated only if a reasonable basis exists therefore (e. g., their continued presence in general population status poses an actual threat to the security of the institution) and then only for a reasonable time until the disciplinary committee can convene to hear the case. The pre-riot practice at the Oklahoma State Penitentiary of having the disciplinary committee meet weekly is not an adequate one for this purpose. Such hearings must be held as soon as is practicable under the circumstances. Absent unusual and reasonably sufficient extenuating circumstances, prehearing detention in excess of 48 hours (72 hours if a weekend intervenes) is presumptively unreasonable. Landman v. Royster, 354 F.Supp. 1292, 1294 (E.D.Va.1973). 13. Even where the confinement of an inmate under punitive conditions is denominated and processed as an administrative, rather than a disciplinary matter, the indefinite confinement of inmates under such conditions, without standards or criteria, and without minimal procedural safeguards, violates the due process clause of the Fourteenth Amendment. United States ex rel. Walker v. Mancusi, D.C., 338 F.Supp. 311, affirmed, 467 F.2d 51 (C.A. 2, 1973); Adams v. Carlson, 488 F.2d 619 (C.A. 7, 1973); Gray v. Creamer, 465 F.2d 179 (C.A. 3, 1973); Howard v. Smyth, 365 F.2d 428 (C.A. 4, 1966); Diamond v. Thompson, 364 F.Supp. 659 (M.D.Ala.1973); Allen v. Nelson, 354 F.Supp. 505 (N.D.Cal.1973); Bowers v. Smith, 353 F.Supp. 1339 (D.Vt.1972). Cruel and Unusual Punishment a. In General 14. The prohibition against cruel and unusual punishment in the Eighth Amendment is applicable to the State of Oklahoma through the due process clause of the Fourteenth Amendment. Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962). 15. It is established that the Eighth Amendment does not have fixed, settled and definite limits. The “Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.” Trop v. Dulles, 356 U.S. 86, 100-101, 78 S.Ct. 590, 598, 2 L.Ed.2d 630 (1958). This Court subscribes to the view of the Eighth Circuit: “In summary, then so far as the Supreme Court decisions are concerned, we have a flat recognition that the limits of the Eighth Amendme