Opinion

Richard Franklin Miller v. Dale Carson, Individually and in His Capacity as Sheriff of Duval County, Florida

  • 563 F.2d 741
  • 1977 U.S. App. LEXIS 5918
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 23, 1977
Status
Published
Author
Coleman
On the bench
Tuttle, Wisdom, Coleman
Cited by
127 cases

affirming district court order declaring that pre-trial detainees have constitutional right to regular access to outdoor recreation, and limiting number of inmates in county jail having unconstitutional conditions

How later courts described this case

  • affirming district court order declaring that pre-trial detainees have constitutional right to regular access to outdoor recreation, and limiting number of inmates in county jail having unconstitutional conditions
  • concluding that a federal court could require a prison to adopt a policy allowing inmates to exercise outdoors
  • deprivation of exercise not a per se constitutional violation but “may constitute an impairment of health forbidden under the eighth amendment”
  • “inmates must be allowed reasonable recreational facilities”

Written by the judges who cited it.

The opinion

COLEMAN, Circuit Judge,

concurring:

I concur in the foregoing opinion prepared for the Court by Judge Wisdom, except that I would defer decision of the attorneys’ fees issue until the Supreme Court decides Hutto v. Finney, on which certiorari has been granted [46 L.W. 3256].

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.