Full opinion text
FINDINGS OF FACT CONCLUSIONS OF LAW OPINION AND ORDER COPENHAVER, District Judge. CONTENTS Introduction 1257 I. Findings of Fact Generally 1259 Population and Operational Costs 1261 Plumbing 1262 Lighting 1263 General Sanitary & Health Conditions 1263 Deputy Sheriffs 1265 Fire Detection 1266 Sufficiency of Housing & Supervision 1268 Classification 1270 Rules and Regulations 1271 Imposition of Punishment 1271 Administrative Segregation 1271 Clothing 1272 Toilet Articles 1272 Exercise 1272 Medical & Dental 1272 Nutrition 1273 Mail 1275 Telephones 1276 Visitation 1276 Reading Materials 1277 Rehab Programs 1277 Access to the Courts 1279 Attorney/Client Interview Facilities 1279 Possible Discrimination 1279 Other Conditions 1280 Conclusions 1280 II. Conclusions of Law— Generally The Function of Constitutional Review 1280 Eighth Amendment and Fourteenth Amendment 1282 State Statutory Standards 1284 Totality of Conditions & Discrete Adjudication Analyses 1285 Equal Protection 1286 III. Conclusions of Law— The Constitutionality of Conditions and Practices at the Mercer County Jail A. Plumbing 1287 B. Lighting 1288 C. Bedding, Clothing & Toilet Articles 1288 D. Housekeeping 1289 E. Prisoner Safety 1289 F. Overcrowding 1294 G. Nutrition 1297 H. Exercise 1298 I. Discipline 1301 J. Medical Care 1306 K. Visitation 1308 L. Mail 1309 M. Access to the Courts 1312 N. Segregated Confinement 1314 O. Rehab. & Reading Materials 1315 P. Voting 1316 Q. Female Prisoners 1316 IV. ORDER 1318 - Introduction The named plaintiffs in this civil action brought pursuant to 42 U.S.C. § 1983 are certain past and present inmates of the Mercer County Jail located in Princeton, West Virginia. Plaintiffs have asserted extensive denials of their various constitutional rights due to the conditions they allege exist at the jail. The complaint does not focus upon an isolated condition or even group of conditions. Rather, plaintiffs have launched a comprehensive assault upon all of the physical aspects of the'jail and virtually every procedure by which the jail is operated and maintained. The court has conditionally certified this case as a class action. The class is composed of all persons who have been, presently are, or shall in the future be confined in the jail, excluding those whose claims are barred by statutes of limitation or laches. The class is subdivided into two parts with one subclass being composed of all members of the class who are pre-trial detainees and the other being all members of the class who have been confined in the jail following trial or conviction for some crime. The trial to the court of plaintiffs’ requests for both a preliminary and a permanent injunction and for declaratory relief were consolidated for hearing. Trial of the damages issues has been postponed until adjudication of the requests for injunctive and declaratory relief. The claims against the physical aspects of the jail allege inadequate plumbing and lighting; exposure to risk of injury or death by fire due to inadequate fire escape routes; the lack of adequate facilities and programs for indoor and outdoor exercise and recreation; the lack of light, toilet facilities, and showers in the solitary confinement cells; the lack of adequate facilities in which an inmate may consult with an attorney; and, the presence of unsanitary and unhealthful conditions in the jail in general such as filth and vermin. Plaintiffs complain as well of the manner in which the jail is operated and the lack of numerous necessary services, alleging: inadequate medical, dental and nursing care; nutritionally inadequate meals; the failure to provide clothing; the failure to furnish various toilet articles and grooming aids; insufficient numbers of guards and deputy sheriffs stationed in the jail so as to endanger the health and safety of the inmates; the lack of written rules to inform the inmates of their rights and responsibilities; the failure to provide vocational, educational, or other rehabilitative programs; the lack of an adequate classification system of the inmates, leading in turn to insufficient supervision and indiscriminate housing of the inmates; inadequate handling of inmate mail and access to telephones; the failure to provide sufficient reading materials; inadequate visitation schedules and poor facilities in which the inmates may meet with their visitors; the arbitrary imposition of punishment upon inmates who are alleged to have broken the unwritten jail rules without a hearing or other protection; and the general imposition of discriminatory treatment upon the inmates by the jailkeepers. Plaintiffs also assert that their access to the courts is being impinged upon because they are denied access to their attorneys and to various legal materials, including a law library. A separate claim of some of the inmates alleges the failure of the jailkeepers to adequately provide the lesser degree of incarceration to which pre-trial detainees are said to be entitled. The issues presented conclude with additional claims premised upon the alleged failure of the jailkeepers to comply with various statutory duties which repeat the items set forth above. I. Findings of Fact Generally In addition to the oral testimony and exhibits received during the trial and the view of the jail by the court during the course of the trial, the parties have entered into several stipulations of fact. The court adopts all of the stipulations of fact as its own and incorporates them in these findings by reference. The court’s findings of fact, in addition to the stipulations, are set forth in the following discussion. The Mercer County Jail is operated by the Mercer County Sheriff’s Department and is financed by the Mercer County Commission. The jail, which is the only primarily adult detention center operated by the county, is located within the Mercer County Courthouse in Princeton, West Virginia. The courthouse is a three-story building plus a basement. The entrance to the jail is located at the basement level. The basement houses the jail control room, the kitchen facilities, the drunk tank, and the so-called juvenile area. The sheriff’s office proper is located on the first floor of the courthouse. The main portion of the jail is located on the entire third floor of the building. Access to the jail facilities on the third floor is by three means: an elevator which rises from the basement to the third floor; a staircase rising from the basement to the third floor with an exit to the sheriff’s office on the first floor and an exit into the prosecuting attorney’s office; and a small elevator which stops at the third floor and at the second floor near the criminal courtroom on that floor. The small elevator does not continue downward past the second floor. The entire courthouse was designed in 1929 and was built in 1930-31. General maintenance of the water, toilet, and lighting facilities has been undertaken from time to time in response to prisoner abuse and the aging of the building. Although routine maintenance checks are not made by a professional firm, the deputies report maintenance needs as they arise. The one instance of major repair and maintenance work on the courthouse took place in 1977-78 under the direction of an architect, Alex Mahood, at a total cost for the jail areas of approximately $65,000. In the main, these repairs constituted maintenance rather than remodeling and, to a significant degree, benefitted the facilities on the second floor, particularly the criminal courtroom. The third floor of the courthouse contains the bulk of the prisoners’ cells. There are four basic cell areas — federal side, county side, city side, and trusty side — plus three other areas known as sweat cells, side cells or women’s cells, and the dungeon. The county side consists of a dayroom measuring 12 feet by 45 feet (540 square feet) and six cells measuring 8 feet by 12 feet (96 square feet). Each cell contains eight bunks. Of the 96 square feet in each cell, the bunks take up the majority of the floor space. The cells are all in one line and are located across from the dayroom. In between the cells and the dayroom is a guards’ corridor. The dayroom’s opposite side is separated from the exterior wall by another guards’ corridor. Thus, the cells and dayroom are within the interior of the building. The exterior wall has five windows which are the sole sources of natural light for the county side. The federal and city sides differ from the county side only in their dimensions and number of windows. The dayrooms are 13 feet by 32 feet (416 square feet) and there are only four cells measuring 8 feet by 12 feet on each of the two sides. Also, the federal and city sides each have four outside windows. The trusty side is smaller with only three cells and a dayroom measuring 12 feet by 24 feet (288 square feet). It has access to only two outside windows. The side or women’s cells consist of three rooms located along an exterior wall. Each cell measures 11 feet by 12 feet (132 square feet), has four beds, and one outside window. Each room has a solid door with a small glass window and, unlike the four main cell areas, the side cells do not have direct access to either a dayroom or a shower. Near the small elevator on the third floor is a room measuring approximately 4 feet by 7 feet. It is without windows or access to any natural light; neither does it have furnishings, plumbing, floor drains or ventilation. This room is the dungeon or second tank area. Finally, the sweat cells consist of four cells measuring 5 feet by 7 feet with two bunks each. There is no dayroom for the sweat cells. In the basement of the courthouse, the jail facilities occupy nearly one-half of the available floor space. The two areas of immediate concern are the drunk tank and the juvenile section. The drunk tank is a room with a concrete floor and steel and concrete walls measuring 14 feet by 10 feet (140 square feet). The room does not have access to natural light and is barren of all furnishings except for a one piece toilet-sink unit. There is almost no ventilation in the drunk tank when the door is closed. The juvenile section consists of four cells measuring 14 feet by 7 feet (198 square feet). Two of the cells in this area contain three bunks each and the other two contain two bunks each. Juveniles are not generally housed at the jail; rather, they are supposed to be sent to the Mercer County Juvenile Detention Center. Consequently, the juvenile section is more often used as an isolation area for adult prisoners. There is no direct access to a shower from the cell area. The heating system in this section consists of steam radiators located near the ceiling. This system is antiquated and very ineffective. The jail’s office space is located in the basement and is centered around the control room. This area contains the jail’s facilities for booking of incoming inmates, radio equipment for communications with deputies in the field, jail records, and jail security equipment such as the controls for the outside television scanner and the controls for the remote control door facility which regulates ingress and egress to and from the jail. Population and Operational Costs The primary purpose of the Mercer County Jail is to house persons being detained on criminal charges who are either awaiting release on bond or who have not been able to post bond, persons convicted of misdemeanors who are serving a sentence of one year or less, and convicted persons who are awaiting transportation to another facility. While at one time persons involved with federal offenses were held there, the Mercer County Jail has been found not to meet federal standards for the incarceration of federal prisoners. Accordingly, federal prisoners are no longer housed there except when necessary to enable a sentenced offender to engage in a work-release program in the Princeton area as prescribed by the sentencing federal judge. Defendants offered the following chart concerning the number of jail inmates from January 1, 1978, through July 31, 1978. Plaintiffs offered their own chart taken from their Exhibits 8 and 38. Both charts find their sources in the records kept by the jail administration and both are very close in their results. The court will draw from the chart offered by the defendants. In the period January 1 through July 31, 1978, there were 1303 inmates incarcerated in the jail. Broken down into percentages and numbers as opposed to time actually spent in the jail, the results are: Time Spent at Jail Number of Inmates Percentage of Population 24 hours or less 773 59.33% Up to 3 days 220 16.89 Up to 5 days 122 9.37 Up to 10 days 85 6.53 Up to 30 days 45 3.45 Up to 60 days 14 1.06 Up to 90 days 6 0.46 Up to 180 days 15 1.15 Up to 270 days 4 0.31 Still serving as of 11/6/78 2 0.15 Not countable 17 1.30 1303 100.00% The parties have stipulated that between 75% and 85% of the inmates are pre-trial detainees, with the remainder being convicted inmates. The jail administration spent the following sums out of its overall budget per prisoner/day to operate the jail for the periods designated. Time Period Total Cost Per Source Prisoner/Day 12/ 1/75 through 5/31/76 $ 6.2792 Defendants’ Ex. 9 6/ 1/76 through 11/30/76 6.6686 Defendants’ Ex. 10 12/ 1/76 through 5/31/77 8.4402 Defendants’ Ex. 11 6/30/77 through 11/30/77 9.3889 Defendants’ Ex. 12 12/ 1/77 through 5/31/78 12.4891 Defendants’ Ex. 13 6/ 1/78 through 11/30/78 10.1484 Defendants’ Ex. 14 Plumbing Some of the occupied cells in the jail do not have either hot or cold running water. Other cells have only cold water. The evidence also revealed that some of the cells did not have sinks which would drain properly or did not have working toilets. Some of the solitary confinement cells and the dungeon or second tank cell lack plumbing of any kind. The solitary confinement cells now consist of the juvenile section and the sweat cells and also include the side or women’s cells. Inmates in these cells do not have access to showers unless jail personnel accompany them to another area of the third floor. Nearly all of the plumbing facilities are situated in such a fashion as to be exposed to open view, including the toilet facilities of the cells normally assigned to women. The only significant exception is the shower customarily used by women prisoners. The Mercer County Jail has not had rules, regulations, procedure, or a policy for the inspection and maintenance of the facility since at least January 1, 1977. Indeed, Sheriff Kendrick testified that to his knowledge the showers had not been repaired from 1932 until 1977. The toilets in the various cell areas frequently do not function properly and have, on occasion, flooded a cell. Similarly, the showers often stop up or have little, if any, water pressure. The stoppages of both the showers and the toilets are sometimes caused by deliberate acts of the prisoners; however, jail personnel most often do not then take appropriate steps to clear the stoppages. Once a prisoner is locked into a cell, he or she is cut off from hot or cold running water. There are no showers in any of the cells, but on the federal, county, and city sides there are showers in the adjacent day-rooms which are unlocked at 7:00 a. m. and closed at 11:00 p. m. As noted, the juvenile section, sweat cells and side cells are without showers. The dungeon or second tank cell is devoid of any plumbing facilities or even a drain in the floor. Inmates locked up in this cell for any appreciable amount of time must defecate or urinate on the floor of the small room. There was testimony that the dungeon had been used as recently as within one week of the trial. Fortunately, due to a recent change in the Sheriff’s policy, the room is no longer to be used. In sum, the plumbing in the Mercer County Jail is antiquated and prone to dysfunctioning by virtue of its age and design. Various of the plumbing facilities are often needlessly inoperable as a result of inattention to clogged drains, sinks and toilets and the lack of procedures for keeping the plumbing in working order. The consequent unsanitary conditions are a constant threat to the health of the inmates. Lighting The light fixtures on the third floor were installed in 1977 as part of the maintenance and repair work. These fixtures were not designed for use in a jail setting and were not protected from vandalism or other misuse. The architect in charge testified that in 1977 he was unfamiliar with light fixtures designed with security in mind although by the time of his testimony he had become familiar with security-quality fixtures. The light fixtures utilized are substandard for jail setting use and are unsafe. In a number of cells the lights no longer function. In others, the source of light is an exposed bare bulb. Some of the inmates sleep in cells where the lights remain on throughout the night. As earlier indicated, the sources of natural light on the third floor are very limited. In some areas, notably the sweat cells, there is no access to natural light. A similar situation exists in the basement for the drunk tank. In many areas of the jail, the artificial light is minimal and is unfit for many activities, such as reading which requires 30 foot candles as a minimum amount of light. As with the plumbing, the jail staff does not have in effect since at least January 1,1977, any rules, regulations, procedures, policies, practice, or system for the inspection and maintenance of the light system. This deficiency is typified by the fact that the .emergency lights in the jail do not work and have not worked for a considerable period of time. The light fixtures used at the jail are inadequate and unsafe. Prisoners who often have little more to do than read are either deprived of that activity due to poor light or face the prospect of severe eye strain and resultant eye damage. This condition does not serve a valid or legitimate correctional purpose and is readily seen to be counter-productive. General Sanitary and Health Conditions The jail embodies a number of other unsanitary and unhealthful conditions and practices. The National Linen Service, during the eighteen months preceding trial, has charged modest amounts for cleaning bed clothing and towels. Nevertheless, blankets, sheets, and pillowcases are not always laundered or cleaned before being reissued to another inmate. Blankets are not cleaned at least once every two months. Inmates are not always provided with sheets or blankets upon their arrival at the jail. Nor are the mattresses which are furnished to new inmates sanitized at least once a month. There was credible testimony that upon the arrival of a new inmate, a trusty or jail guard would sort through the dirty linen looking for a “cleaner” sheet to give to the new prisoner. Even should the new inmate receive fresh bed clothing upon arrival, the bed linen is changed very irregularly. Some prisoners have gone for as long as a month or two without receiving fresh bed clothing. The jail is deficient in other aspects relating to bedding. Besides often being filthy, the blankets that are reissued are frequently torn. Inmates expected to remain only for one night are often not given bed clothing or a mattress. In such instances, the new inmate is left to sleep on the bare metal bunk frame. Until August 1978, the jail did not provide pillows for inmates; now pillows are available but jail personnel do not always dispense them. The mattresses which are provided to the inmates are often nothing more than uncovered foam rubber. The mattresses are not cleaned after being used by one prisoner and before being given to a new arrival. A statistical picture can be drawn concerning the bed clothing situation. The total laundry bill for the jail from January 1978 to July 1978 was $413.17. The cost of one complete change of bed clothing at the jail is 80 cents. Thus, the number of bed changes during this period was 516. This computation ignores possible towel cleanings which would lower the total number of bed changes. The total number of prisoners needing bedding materials from January 1,1978, to July 31,1978, was 856. Computation shows a total of 0.603 changes of bedding material per incoming prisoner from January 1, 1978, to July 31, 1978. The bedding problems are amplified by the filthy conditions existing in the jail generally. Besides the difficulty some of the prisoners have in reaching a shower in order to use one, other prisoners are disinclined to bathe at all and the jail does not impose any requirement that the inmates must bathe themselves. Moreover, the inmates encounter a number of obstacles in washing their clothing and bed linen. The washing machine at the jail has been out of order for several years. Those prisoners who desire to wash their clothing must do so in the sinks without soap and, often, without hot water. The clothing then must be left to dry by being hung in the day-rooms if the inmate’s area has a dayroom. Some of the inmates have gone as. long as two or three months without their clothes having been washed. The bed clothing problem is made even more acute by the presence of parasitic skin conditions which occasionally plague individual inmates. The inmates testified that they have endured “crab” infestations and have gone for long periods without treatment or medication even after requesting it. James Ratliff testified that he had contracted crabs on three separate occasions but was treated only once. Similarly, there is no procedure or practice employed at the jail to delouse inmates if they are found to be infested. Medication is sometimes dispensed, but bedding materials and clothing are not changed. The significance of reissuing used and soiled bedding materials to newly arriving inmates is thus apparent. The cleaning of the cell areas themselves is left to the inmates without supervision by the staff. The cleaning materials are dispensed by the staff and usually consist of a mop, a broom, and occasionally a bucket. Rarely is soap or disinfectant furnished. Even the mops and brooms are irregularly provided. As a result, plaintiffs’ expert on jail conditions stated that the federal and county sides were filthier than any jail area he had ever seen. The same filthy conditions exist in the women’s cells and the juvenile section where the court noticed a particularly offensive odor. Inmate James Martin later testified that he was once confined in the juvenile section where he discovered that feces had been smeared upon the walls in his cell which was so dirty that he would not sit down. The cell areas are often strewn with debris. Roaches and other pests aré present in plentiful quantities even though the jail administration does have a continuing contract with a private pest exterminator. Although the inmates are allowed smoking materials, they are not provided with ash trays. The inmates do not have tables upon which to eat their meals in the county side, juvenile section, side cells and sweat cells. Similarly, most sections of the jail do not have chairs or other items of furniture except for metal bunks. The federal side and city side do have long metal tables and benches in their dayrooms. The drunk tank is a single room consisting of a concrete floor and cinder block walls and is devoid of beds or other furnishings, having only the combination toilet-sink. Upon arrival at the jail, an inmate is assigned to a designated section of the jail, but not to a particular cell unless he is intoxicated, in which case he is placed in the drunk tank. Intoxicated females are placed in a third floor side cell. There is no other attempt to assign an inmate to a particular cell. At times, as many as eight inmates have crowded into one cell in order to escape the odor and filth in other cells located in their area. In many instances the stench and filth emanates from a backed-up toilet or sink. Inmates are not provided with lockers or similar containers to store their personal belongings while at the jail. Neither is there a system by which inmates may place their property in the custody of jail personnel and obtain a receipt. The inmates are thus left to store their belongings on an unoccupied bunk. The inmates testified concerning numerous other problems, including the inability to obtain haircuts. They complained of the jail as being excessively hot in summer and cold in winter. The court finds this credible in view of the poor ventilation in both the basement and on the third floor. Moreover, some of the jail’s windows do not close properly. One prisoner testified that during the winter it is often so cold that prisoners stay in their bunks wrapped in blankets. Female prisoners do not have access to the most fundamental items of feminine hygiene. The plaintiffs provided evidence that persons who do not have access to showers over a period of time are more prone to skin diseases, parasitic infestations, and pararectal disease. Such problems could largely be eliminated by providing showers at least twice a week. Deputy Sheriffs The number of deputy sheriffs employed by Mercer County for use at the jail is inadequate. Every sheriff in recent years has requested more deputies; but each has had little success. Requests for additional deputies for the jail were made by former sheriff Scott, the immediate predecessor of defendant Kendrick. Each request was denied by the County Commission. Sheriff Kendrick has had a little more success in that the County Commission did permit him to hire an additional two men; but, other requests for additional deputies have been denied. The assignment of deputies to the jail and to field positions is on a seniority basis. Those deputies first entering the department begin in the jail and move to field assignments as they earn seniority. The sheriff’s department employs seven deputies who are assigned to the jail. Those seven persons cover eight-hour shifts with at least one deputy on duty at all times. There is, however, no matron on call twenty-four hours a day and, of course, there are eight-hour shifts which are covered solely by male deputies. Thus, even when there are female inmates in the jail, most of the time there will only be male deputies. It is also noted that there are no blacks among the deputy sheriffs or other jail personnel, it being observed that the black population among the inmates normally ranges between 20% to 40% of all inmates. Recruitment of jail staff in general and of minorities in particular is undertaken solely through advertisements published for civil service exams. Employment of all jailers is in accordance with rules prescribed by the Deputy Sheriffs’ Civil Service provisions of the West Virginia Code. There is no testing of applicants for the deputy positions beyond that required by the Civil Service System. Indeed, the deputies receive no training other than that provided by the State Police Program and the very limited training derived from within the organization of the Sheriff’s Department. There is no formal course specifically in corrections and jail matters. Nor is there an annual refresher course in corrections matters for the deputies. The deputies do not receive any training in human relations or the special problems encountered in an inmate population. Occasional instruction in law enforcement matters as opposed to corrections training is furnished the deputies. Instruction at the State Police Academy’s Training Program in Law Enforcement was not provided to any deputy during defendant Kendrick’s tenure in office until March 1979 when a deputy was sent to the program. As a result of these deficiencies, the staffing at the jail is inadequate. The deputy on duty at the jail is located in the control room in the basement of the courthouse. No deputy or other security officer is stationed on the main jail floor even when more than one jailer is on duty. The jailer is responsible for inspecting the third floor jail; but, the lack of jailers prevents inspection of every part of the jail even as little as once every two hours. The only means of communication between the control room and the third floor jail is by means of an intercom located near the main elevator and a telephone located in the third floor attorney-client interview room which is also near the main elevator. The door connecting the locations of those devices with the main part of the jail (other than the trusty side) is usually locked from 4:00 p. m. to 8:00 a. m. That same door connects the trusty side with the rest of the jail. The inmates are locked within their specific areas and do not have direct access to either communications device. As would be expected in this setting, the relations between the deputies and the inmates are often poor. Both jail personnel and the inmates frequently speak to each other in abusive language and the inmates are often threatened in various ways by the deputies. Fire Detection and Prevention The inadequate number of deputies to serve as jailers manifests itself in a variety of ways which number among them the lack of satisfactory fire prevention, detection and evacuation measures. As already observed, a jailer is not stationed on the third floor. Thus, the importance of indirect methods of fire detection becomes apparent. The jail, however, lacks a fire alarm system. There are no fire or smoke detectors located in the jail areas of the courthouse. Nor is there a sprinkler system in the jail. The hand held fire extinguishers which are present in the jail are not regularly tested. As noted, the emergency lights at the jail do not function so that in the event of an electrical power outage, the third floor jail area is plunged into darkness. The means of egress from the third floor have already been covered. Notice should be taken again that the sole staircase from the third floor is usually barred by a locked door at the third floor level. In the event of a wide-spread fire, the two elevators may not be safely available. Moreover, elevators constitute a notoriously poor fire escape choice in that their controls tend to malfunction when exposed to abnormally high temperatures, and both smoke and fire tend to seek out and rise up the elevator shaft. The jail administration has not adopted rules or an evacuation plan for the jail in case of fire. There is no public address system at the jail to alert the inmates of the action to be taken in the event of fire. Since at least January 1, 1977, there have not been any rules, regulations, policies or procedures of any kind at the jail to direct, control, regulate, or guide the jail administration or personnel with respect to fire emergencies and the evacuation of inmates. Similarly, there were no fire drills conducted at the jail during the two years prior to trial. The jail administration has not provided face masks for use in the event of fire and smoke by either jail personnel or inmates. Testimony was presented that in 1976 an inmate set fire to her mattress and then threw herself upon the flames, causing her eventual death from the burns she received. Deputy Meadows tried to rescue the inmate but was overcome by smoke since he was not wearing a face mask. As already indicated, an inmate must pass through several locked doors to get from his cell to the basement of the jail or even to the second floor of the courthouse. There is, however, no master key to all the locks of those doors. Deputy Catron testified that six keys are necessary to open all third floor cell areas in order to get the inmates off the third floor in the event that all the doors are locked. Sheriff Kendrick stated that it would take twenty minutes to evacuate the inmates. Former Deputy White testified that during one actual fire at the jail, twenty to twenty-five minutes were expended in evacuating the jail. When finally removed from the third floor, the inmates are usually placed in the kitchen area of the basement. The kitchen area has only one means of ingress and egress and is located in a remote part of the basement. To exit from the kitchen, a person must pass by both the control room and drunk tank and then move past the mouth of an open stairwell and the door to the juvenile area. From that point, one passes through the garage area and then out of the building. The possibility of being trapped anywhere along this lengthy path is apparent. This is especially important inasmuch as the boiler room and a fuel storage area are located immediately behind the kitchen wall.. In addition to the 1976 death by fire of a female inmate, various current and former inmates testified respecting other jail fires. As an example, Ivan Grindle recalled one fire at night while he was incarcerated on the third floor. He stated that the jailer on that occasion had not locked the county side inmates in their cells, leaving them free to enter their dayroom. Grindle awoke to a smoke-filled cell, but was able to obtain an implement to break the windows facing the county side in order to get some air. Normally, if he had been locked within his cell, he would have been unable to reach the windows. There was other testimony of fires deliberately set by the inmates. Although the inmates are permitted to smoke in their cells, they are not provided with ash trays or similar containers. When added to the combustibility of the two types of mattresses used at the jail, a further fire hazard is thereby created. This becomes especially serious when it is considered that the mattresses, when burning, emit toxic fumes. What little freedom the trusties have to detect and extinguish fires is severely limited when their steel door is closed at 4:00 p. m. each day. That door remains locked until 8:00 a. m. the next morning. In view of the inadequate staffing of the jail, combined with the total absence of any plan to detect fire and sound an alarm, the jail inmates are being needlessly subjected to preventable danger of death and injury by fire. Considerable testimony was received to the effect that the only way the inmates could give an alarm was by banging on the walls or the steel bars and by shouting. The time needed for the deputy in the basement control room to take note of the noise and to respond to it, when added to the twenty minutes required to evacuate the inmates from the jail, places the very lives of the inmates in jeopardy without justifiable reason on the part of the jail administration. The calamity waiting to take place at the Mercer County Jail has been played out elsewhere across the nation. It appears to be only a matter of time before the inmates are called upon to needlessly risk or even surrender their lives when confronted with fire. These problems are not new to the jail. Neither have they escaped the attention of the jail administration. In July 1976, August 1977, and August 1978, the West Virginia Fire Marshal’s Office inspected the jail. Fire Safety Inspector Reports were prepared to indicate the areas in which the jail was in violation of the state laws relating to fire safety. The 1978 report recites the following state law violations: the absence of fire extinguishers; the existence of combustible materials in prohibited areas such as paint in the third floor closets; the lack of face masks to prevent inhalation of smoke; the absence of properly functioning emergency lights; the extensive use of extension cords; defective electrical wiring; the lack of an approved fire alarm system; the absence of fire doors; the existence of open stairways; and, the lack of exit signs and an alternative means of escape from all areas of the jail. In all, the 1978 report lists sixteen separate violations, ten of which were shown in .the 1977 report and six of which were shown in the 1976 report. The standards used by the West Virginia Fire Marshal’s Office in fire safety enforcement are based upon state law and nationally observed standards. The County Commission has contracted with architect G. Cameron Hunter for the purpose of making improvements called for by the Fire Marshal’s Report following action by the Fire Marshal on the Commission’s plan. Besides the fire marshal’s reports, the jail administrators have had the benefit of a report filed in 1976 by the 1976 Jail Committee which was appointed by Chief Judge Howard Jarrett of the Ninth Judicial Circuit of West Virginia. The report specifically noted the lack of emergency lights and pointed out the inherent danger of not having a deputy stationed on the third floor of the jail. Neither condition was rectified. In summation, the court finds that inmates at the Mercer County Jail are being subjected to unreasonable and unnecessary risks of injury and death by fire. Sufficiency of Housing and Supervision The preceding discussion concerning the number of available deputies to serve as jailers is pertinent here. The critical under-staffing of the jail makes assurance of security within the jail and safety of the inmates a virtual impossibility. As already noted, there are only seven full-time deputies available for jail duty. Jailer assignments are such that two deputies are assigned on the midnight to 8:00 a. m. shift, but usually only one is actually present. The 8:00 a. m. to 4:00 p. m. shift has two deputies on duty and the 4:00 p. m. to midnight shift employs but one deputy. It has been noted that jail personnel do not inspect all parts of the jail even as infrequently as once every two hours. Nor do they observe every inmate-occupied area and every inmate at least once every half hour. Even during inspection tours, not every inmate is observed. A deputy cannot see into the cells on the county, city, federal, and trusty sides from the main corridors. Rather, the deputy must enter either the, cell block area or the guards’ corridor located between the dayroom and the exterior wall. Both of these avenues require passage through locked doors. The deputy seldom utilizes either route. Inmates in the juvenile section of the jail frequently are not observed for as long as seven and one-half hours. Persons in the basement drunk tank cannot be seen from the control room. As a result of an insufficient number of jailers, the lack of written standards or policies by the jail administration concerning jail inspection and the inadequate communication between the jail floors, the security of the jail and the safety of the inmates is put into serious jeopardy. Testimony was presented by past and present inmates, as well as by deputies, that violence and fear of violence are not strangers to the jail. Instances of homosexual assault, beatings, fights, and suicide attempts were reported. Notice has previously been taken of two suicides at the jail occurring on April 15, 1980, and September 28, 1980. See note 1, supra. Plaintiffs’ expert testified that two deputies should be stationed on the third floor of the jail at all times. Even two deputies, however, would have a difficult time managing an evacuation in an emergency. The expert further testified that besides the two third floor deputies, there should be three deputies on duty in the basement during the day and evening shifts and two deputies on duty during the night shift. These figures were arrived at on the basis of the expert’s opinion that due to the poor design of the jail, a ratio of one jailer to every five inmates was required to maintain jail security and inmate safety. The expert also concluded that the maximum capacity of the jail, on the basis of what he believed to be minimum national standards, is twenty-four inmates. It is, however, not uncommon for thirty or more inmates to be incarcerated in the jail at any one time. On occasion, the number of inmates is substantially higher. The inmates are assigned to either the federal, county, or city sides but not to a particular cell. As a result, the inmates space themselves among the cells and, on occasion, four people will live in one of the eight-bed cells. Notice has already been taken of a blocked toilet which caused eight inmates to reside in one cell measuring ninety-six square feet. Plaintiffs’ expert was of the opinion that a minimum of sixty square feet was necessary for each inmate. The juvenile section located in the basement of the courthouse has four cells, each one measuring 96 square feet. On occasions lasting from one to five hours, there have been as many as fifteen persons housed in this area. Plaintiffs’ expert also testified concerning the use of the main drunk tank. The jail administration’s practice is to place newly-arrived intoxicated males in the drunk tank. Testimony by James Ratliff and Charles Goode indicated that as many as fourteen to eighteen persons have been placed in the drunk tank at one time. The average for a Friday or Saturday night is five to six men. The expert’s opinion was that the practice of placing an intoxicated man into a room like the jail’s drunk tank violated minimum national standards for adult detention facilities. He further testified that with an adequate jail staff, intoxicated persons could be put directly into a furnished cell rather than into a totally barren room. The jail administration has no policy requiring a permanent record of the areas to which an inmate is assigned. Rather, a card file is kept in the jail’s control room. A card bearing the inmate’s name is simply moved from one division of the card file to another so as to reflect the inmate’s present location in the jail. No record is retained which survives the prisoner’s removal from one part of the jail to another. There is also no record which survives a prisoner’s release from the jail. Inasmuch as no permanent record exists, a potential safeguard against the infliction of arbitrary punishment is lacking. There is no policy which requires an inmate’s presence when the inmate’s cell is searched. There is no policy requiring staff supervision of inmates while they are engaged in cleaning the jail on the infrequent occasions they are issued cleaning equipment. Other evidence of laxity in supervision abounds. Testimony was presented that in 1974 an intoxicated inmate was placed in the juvenile section of the jail by himself. He was found dead two or three days later of unknown causes. The witness testified that the deceased inmate had lash marks on his back and that his ribs were separated from his sternum. Reference has already been made to the inmate who burned herself so severely on her flaming mattress that she subsequently died. Other testimony was presented that inmates occasionally obtained access to the control room and went through the desk drawers which contained firearms and prescription drugs. The same witness testified that on one occasion he obtained keys to the jail and unlocked some prisoners. Another inmate testified that an hour elapsed before the jailer could be obtained to attend an inmate who had attempted suicide. It is apparent that, due primarily to insufficient staffing, jail supervision is so inadequate as to constitute a genuine threat to the lives and safety of the jail inmates. Classification There is no written classification system at the jail for the assignment of particular inmates to given sections of the jail. Neither is there an unwritten classification system except along the lines of sex, age, and state of intoxication. As already observed, the jail administration has followed a general policy of placing intoxicated males in the basement drunk tank. Female inmates are placed in one of the side cells. Normally, juveniles are not housed at the jail unless a court so orders. When juveniles are housed at the jail, they are placed in either the juvenile section located in the basement or in a side cell. Jail inmates are not confined pursuant to a classification system which separates first offenders from repeaters, pre-trial detainees from convicted persons, or inmates convicted of violent crimes from inmates convicted of nonviolent crimes. Occasional distinctions are made on the basis of a showing of aberrant behavior or the presence of psychological problems of an individual inmate. There is no screening process employed to accomplish this and the distinction is not always made. Just as there has been no general policy of initial classification, neither has there been a policy at the jail which requires a review of the status of a person placed in segregation at designated times and with designated criteria for review. Rules and Regulations There have been no written rules or regulations governing the operation of the jail or the conduct of jail personnel promulgated by the jail administration. Neither have there been written rules and regulations defining and protecting the rights and privileges of the jail inmates except that visitation periods were prescribed in writing as of March 14, 1980, for Wednesday and Sunday between the hours of 1:00 p. m. and 3:00 p. m. for an inmate’s immediate family only. There are no written rules concerning opening and reading either outgoing or incoming mail for the inmates. Certain acts of the inmates which are prohibited by the jail administration were first listed in writing as of March 14, 1980, together with a general statement of the applicable penalties. Whether a violation has occurred is determined at the discretion of a deputy. Imposition of Punishment There are no written or unwritten rules or regulations providing for prior notice, an opportunity to be heard, or an opportunity to present evidence before a disinterested impartial hearing officer or panel prior to the imposition of disciplinary action upon an inmate, except that an inmate’s attorney may be notified on an informal basis that an inmate’s visitation privileges or store privileges are to be revoked or other action is to be taken. When the Sheriff or a deputy learns that a prisoner is accused of having committed an infraction of the informal jail rules, the official makes a decision on the spot as to whether or not a sanction is to be imposed. This is the sole means employed in deciding whether or not a rule has been violated and what punishment to inflict. The only grievance procedure available to an inmate is to orally express a grievance to the Sheriff or a deputy. Deputies are not instructed concerning the rights an inmate retains while incarcerated. No records are kept pertaining to disciplinary action taken against inmates. Punishment at the jail takes various forms and includes such things as putting an inmate in a side cell or sweat cell, removing an inmate from one main area to another, depriving a trusty of his status, confiscating reading material, denial of visitation privileges either individually or for whole groups of inmates, the taking away of previously earned good time, and, until recently, the placing of an inmate in the third floor dungeon. Prisoners are not always informed of the reasons for which they are being punished. Administrative Segregation Administrative segregation of inmates is customarily used as a means of punishment for serious misbehavior by prisoners. Until March 14, 1980, there have not been any rules, regulations, procedures, or policies by the jail administration controlling or regulating the imposition of Administrative segregation. As of March 14, 1980, written rules provide that assault by an inmate on a deputy or another inmate will result in immediate administrative segregation for six months, with lesser violations resulting in 24-hour lockup for a first offense, 48-hour lockup for a second offense and six months lockup for a third offense. A permanent record is not kept of an inmate’s placement in administrative segregation other than the card file previously noted. Administrative segregation at the jail means being placed into the sweat cells, alone in a side cell, or alone in a juvenile cell. Formerly, an inmate could also be placed into the third floor tank or dungeon which has been described earlier. Confinement in the sweat cell area may mean being locked into a particular cell or being placed into the entire area with freedom to move between cells. Confinement in a particular sweat cell means being without access to hot water, a shower, towels, or a chair. The sweat cell area is wholly located within an inner section of the building and is without access to natural light inasmuch as the skylights have been painted. Since the electrical lighting is inoperative in the sweat cell area, the only light is that received from the illuminated corridors outside the area. There is an internal door within the sweat cell area which when locked bars the inmates from access to the shower even though the inmate is not locked within a particular cell. Inmates placed in administrative segregation are not differentiated on the basis of their status as pre-trial detainees or as convicted persons. Clothing Jail inmates are not provided with clothing by the jail administration. The inmates must furnish all their own clothing. The jail administration since at least January 1, 1977, has not had rules, regulations, or policies concerning the storage of inmate clothing or other belongings. Inmates who arrive at the jail with only the clothes they are wearing must continue to wear those clothes until they are supplied with clean clothing by family or friends outside the jail. Inmates are not required to wash their clothes nor are they helped by the jail administration in doing so. The washing machine and dryer at the jail have been out of order since before defendant Kendrick took office as Sheriff. Inmates are relegated to washing their clothes in a sink most often without aid of soap and often without hot water. If a prisoner wishes to wash clothes by hand in a sink and has no extra clothing, the prisoner must remain undressed while washing and drying his or her clothing. To dry clothes, inmates must hang their wet clothes in the living area of their section such as a dayroom or, in the case of a side cell or juvenile cell, in the cell itself. Toilet Articles The jail administration does not provide inmates with any of several types of toilet articles such as deodorant, razors, combs, toothbrushes, toothpaste or mirrors, nor are inmates furnished with the services of a barber. Prisoners are not given individual bars of soap for each prisoner’s exclusive use. Towels often are not furnished. Toilet paper is issued at the request of an inmate. Such a request, however, is not always promptly complied with by jail personnel. Prisoners have gone for as long as three or four days without toilet paper. The lack of necessary toilet articles enhances the likelihood of disease and infection among the jail population. Exercise There is no program or equipment available at the jail for either indoor or outdoor exercise by the inmates. Nor is there an available area either inside the jail or in the immediate vicinity of the courthouse of sufficient size for the inmates to engage in recreation or exercise such as running and jumping. Plaintiffs’ expert testified that an area the size of one-half of a basketball court was required to meet minimum national standards for indoor exercise. Since at least January 1, 1977, the jail administration has not promulgated rules, regulations, or policies for inmate recreational or exercise activities. Plaintiffs presented credible evidence that vigorous exercise is needed to sustain one’s physical well-being and that the lack of such exercise over a sustained period of time will cause serious bodily harm such as loss of muscle and bone mass due to negative nitrogen balance. Medical and Dental Upon their arrival at the jail, inmates are not routinely examined by a physician or other medically trained person and they are not questioned concerning their medical history. Other than visual observation by jail personnel, prisoners are not tested for drug addiction. On occasion, inmates suffer alcohol withdrawal without the assistance and supervision of medical personnel, thereby potentially exposing them to a serious medical crisis. The jail administration has not established a procedure for the detoxification or treatment of inmates suffering from alcoholism or drug addiction other than the denial to the inmate of alcohol or the ad-dieting drug. There does exist at the jail an Alcoholics Anonymous program. Otherwise, alcoholics, if not intoxicated, are treated no differently than the rest of the inmate population. The jail does not have medical supplies or an equipped medical examining room nor do medical personnel visit the jail. Consequently, there are no regular sick calls taken at the jail. The inmates are not provided with preventive dental care. The jail administration has not arranged for the care of prisoners by psychiatrists, psychologists, or other similarly trained persons. If the jail personnel determine that a prisoner is in need of mental health care, they can make suitable arrangements with a mental health professional. All inmate requests for any type of medical attention must be cleared and approved by the Sheriff or a deputy prior to rendition of medical services except in those instances where the treatment is requested by a family member or an attorney. No records are maintained by the jail administration of the receipt of any type of medical treatment by the jail inmates with the exception of bills received for the treatment rendered and for medications administered to the inmates. Prescription medications are dispensed on a dosage basis to the inmates either by jail personnel or, occasionally, by other prisoners. The forms used to record the dispensing of medication to the prisoners have two signature boxes for each such occasion: one for the signature of the person dispensing the medication and the other for the inmate recipient to acknowledge receipt. The inmate recipient, however, is not required to sign the form. Additionally, there is no requirement by the jail administration to insure that the inmate immediately consumes the medication. Moreover, inmates frequently do not receive their prescribed medications as directed by the physician, nor do they always receive suggested follow-up diagnostic services. Since at least January 1,1977, there have not been any rules, regulations, or policies promulgated by the jail administration to control the delivery of health care services or to record that delivery other than the retention of invoices and the medication dispensing form. No record is kept by the jail administration of any injury to a prisoner while confined at the jail. Should an inmate require hospitalization, the inmate is transported by ambulance to the Princeton Community Hospital located in Princeton, West Virginia. The ambulance is provided by Appalachian Operation Health (OH9) for a fee of approximately $35.00 per one-way trip which is paid by the Mercer County Commission. Psychological testing and evaluations for mental health purposes are performed only when an inmate so requests and only after either the Sheriff or a deputy, neither of whom has any special education in either mental or physical health, has approved the request. The evaluations which are made at the jail are not recorded. Prisoners who display serious mental or emotional problems are frequently cast into the general population of the jail without any special care. Once such prisoners are so deposited, they are often subjected to abuse from other inmates. Due to the insufficient number of jailers employed by the defendants and the lack of communication between the different areas of the jail, personnel have been slow to react to specific instances of illnesses or medical emergencies among the prisoners. Testimony was presented by the plaintiffs of instances where the prisoners banged on the walls and shouted for periods in excess of a half hour or more before a deputy would come to the third floor to investigate the situation. In view of the additional time needed to obtain an ambulance and transport an ill inmate to a hospital, an inmate’s life could be endangered by the prolonged reaction period. A misperception by untrained jail personnel of an inmate’s true condition could also easily lead to serious harm or even death. Nutrition Since at least January 1, 1977, the jail administration has not promulgated any rules, regulations, or policies concerning the provision of food to the jail inmates. The jail administration does not employ a dietician or nutritionist; but, the cook has begun to consult with a dietician from the Princeton Community Hospital in the preparation of menus since the institution of this suit. Food service at the jail is under the control of the Mercer County Commission and is supervised by the Sheriff. A cook is employed by the Commission and has individual responsibility for the choice of menus and food purchases. Certain trusties are designated to assist the cook in the kitchen and in food service. The designated trusties usually do not have food handling licenses. Service of food is conducted by the cook with the assistance of trusties. The food is taken to the main jail area on a cart and the individual trays are then delivered to the dayroom areas. The food carts do not have working heating units to keep the food warm. In the various areas of the jail which do not have access to a dayroom area, the trays are taken to the individual cells. This system is employed three times daily for the three main meals of the day; however, coffee and other items are also served three times a day between the main meals. Prior to the institution of this action, the jail inmates were rarely provided with fresh fruit. Moreover, the inmates are not presently given second helpings of food. The Mercer County Commission, in furnishing the food for the operation of the food service at the jail, expended the following sums per prisoner per day for the time periods as designated below: Time Period Food Cost Per Prisoner Per Day 12/ 1/75 to 5/31/76 $ 0.9611 6/ 1/76 to 11/30/76 $ 1.0920 12/ 1/76 to 5/31/77 $ 1.2165 6/30/77 to 11/30/77 $ 0.9038 12/ 1/77 to 5/31/78 $ 1.5271 6/ 1/78 to 11/30/78 $ 1.7382 It is noted that this calculation does not take account of the fact that jail personnel, deputies, and occasionally other persons consume some of the food purchased for the prisoners. The jail kitchen is inspected on a regular basis by the Mercer County Health Department and routinely passes inspection. Nevertheless, a number of deficiencies in the food service operation are apparent. Trusties, who usually assist the cook in the preparation and handling of food, do not receive proper training to perform their duties, and are not given a medical examination. When the cook is absent from the jail, the trusties are left to prepare and serve the food themselves. Members of the kitchen staff smoke cigarettes in the kitchen while food is being prepared; additionally, hands are frequently not washed, hair nets or caps are not worn, and coverall uniforms are not worn by the food handlers. No clean-up schedule exists for the kitchen. Plaintiffs’ expert, Florence Peterson, found that food is not always properly stored at the jail. She testified that she found foods in the jail refrigerator that had been there so long that mold was growing on them. Other food items were stored without being covered, thereby losing nutritional value. The delivery of food to the inmates is not carried out in a sanitary fashion in all instances. Food in the juvenile section is served to the inmates by sliding it under the bars along a filthy floor. Inmates are not given clean eating utensils with each meal; rather, they use the same utensils at each meal without any provision for cleaning other than by use of the sinks in the cell areas. The equipment used in food prepara