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Case Name Bono v. Saxbe PC-IL-0021
Docket / Court NO. CIV. 74-81-E ( S.D. Ill. )
State/Territory Illinois
Case Type(s) Prison Conditions
Special Collection Strip Search Cases
Solitary confinement
Case Summary
Plaintiffs, a group of federal prisoners housed in a highly restrictive setting and represented by private counsel from the Land of Lincoln Legal Assistance's Marion Prisoners' Rights Project, the ACLU and the New Hampshire Legal Assistance, sued federal Bureau of Prisons officials in 1974, filing ... read more >
Plaintiffs, a group of federal prisoners housed in a highly restrictive setting and represented by private counsel from the Land of Lincoln Legal Assistance's Marion Prisoners' Rights Project, the ACLU and the New Hampshire Legal Assistance, sued federal Bureau of Prisons officials in 1974, filing their complaint in the U.S. District Court for the Eastern District of Illinois. The complaint sought class action status for all present and future prisoners housed in the Marion Federal Penitentiary's Control Unit (CU). The complaint led to a bench trial before District Judge James Foreman. His subsequent April 19, 1978, order made numerous findings as to the plaintiffs' claims that the CU, as administered, violated their Fifth Amendment due process rights and their Eighth Amendment rights to be free of cruel and unusual punishment.

Judge Foreman determined that the defendants' usage of the CU as a preventative measure did not violate plaintiffs' substantive due process rights but, when used as punishment, the lack of an adequate procedure to assess CU usage violated these rights. Used as a preventative measure, however, the CU did not violate the Eighth Amendment, as it was not punitive in purpose. The court did find that procedural due process protections were lacking and prescribed that the BOP provide the following: written notice to the prisoner of the claimed act(s) meriting the CU housing for preventive purposes; a personal hearing for the prisoner before an impartial decision-maker allowing for prisoner presentation of documents, witnesses and his explanation in opposition to CU placement; advising the prisoner of the information against him, if doing so can occur without harm to others (witness confrontation rights were not required, however); written, non-boilerplate reasons for a decision that CU placement is appropriate; a review process for the initial CU classification decision, as well as periodic reviews of whether CU housing remains warranted; and advice to prisoners of what they may do to achieve release from CU status. The judge found that cruel and unusual punishment was imposed by the CU program's use of closed-front "boxcar" cells in which prisoners were confined for all but a half-hour per day, without reading material, rehabilitative programs or other stimulus. He banned the BOP from continued, nonconsensual use of such cells and required the BOP to submit proposals to expand exercise opportunities. Judge Foreman rejected the claim that non-contact limits on visitation privileges violated the Eighth Amendment. Bono v. Saxbe, 450 F. Supp. 954 (E.D. IL. 1979).

Judge Forman's April ruling was followed by another order, reported as Bono v. Saxbe, 462 F. Supp. 146 (E.D. IL. 1978), which reviewed proposals for change that the defendant had submitted, the plaintiffs' objections to those proposals, and the defendant's request for reconsideration of a limitation imposed on the use of a prisoner's prior escape attempts when determining whether CU placement was warranted. Judge Foreman refused to require the decisionmaker on CU placement to be someone unconnected with the BOP. He reaffirmed his earlier ruling that an indefinite stay in the CU is constitutional, provided guidelines guide officials' discretion and, in an appendix, set out guidelines for CU referral and review. Regarding out-of-cell exercise, the court ruled that seven hours per week of such exercise was required and that limiting groups of prisoners to two for such exercise sufficed. The seven hours were to be calculated independently of any non-exercise time a prisoner spent outside his cell. Reconsidering, the judge accepted the defendant's argument that BOP officials may consider escape attempts when determining whether a prisoner should be assigned to the CU.

The plaintiffs appealed to the U.S. Circuit Court of Appeals for the Seventh Circuit. On April 14, 1980, that court upheld much of the district court's rulings. Because the prisoners had only a limited liberty interest in remaining in the prison's general population, given their status as convicted prisoners, the appellate court agreed that only a rational basis (rather than a compelling state interest) need be shown by the government to justify CU placement. It found adequate the procedural protections ordered by the district court. The Seventh Circuit remanded the case for further review by the district court of whether a reasonable relationship existed between certain conditions of confinement (e.g., visual strip searches for prisoners following non-contact visits, poor cell lighting) and the stated need of institutional security. Bono v. Saxbe, 620 F.2d 609 (7th Cir. 1980) (Circuit Judge Richard D. Cudahy). Circuit Judge Harrington Wood, Jr., dissented in part, opining that the remand invited unwarranted meddling in prison administration. Id.

On remand, Judge Foreman considered the adequacy of lighting in the CU housing and the strip search practices preceding and following non-contact visits to CU-housed prisoners. Noting that he had actually visited the cells used for the CU, the judge's December 24, 1980, ruling found that the lighting issue was resolved by the defendant's offer to provide a 40, 60, or 100 watt light bulb to each CU resident, to meet their preference. Next, Judge Foreman ruled that the record made on remand justified the visual strip searches of inmates before and after non-contact visits. The record showed past discovery of contraband, opportunities for smuggling despite the non-contact nature of the visits, and limited ability by the BOP to monitor visits. In these circumstances, neither due process nor the Fourth Amendment were violated by the searches, according to the court. Bono v. Saxbe, 527 F.Supp. 1182 (S.D. Ill. 1980). (The name of the relevant judicial district had changed from "Eastern" to "Southern" following a 1979 realignment.)

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Mike Fagan - 04/15/2008


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Administrative segregation
Food service / nutrition / hydration
Grievance Procedures
Law library access
Library (non-law) access
Recreation / Exercise
Rehabilitation
Restraints : physical
Search policies
Solitary confinement/Supermax (conditions or process)
Strip search policy
Totality of conditions
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Bivens
Defendant(s) Federal Bureau of Prisons
Plaintiff Description All present and future inmates of the Marion Penitentiary who are or who may be confined in that institution's “Control Unit.”
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
By: Margo Schlanger (Washington University in St. Louis)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Findings of Fact 04/19/1978 (450 F.Supp. 934) (S.D. Ill.)
PC-IL-0021-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Appellate Opinion 04/14/1980 (620 F.2d 609)
PC-IL-0021-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum and Order 12/24/1980 (527 F.Supp. 1182) (S.D. Ill.)
PC-IL-0021-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Cudahy, Richard Dickson (Seventh Circuit)
PC-IL-0021-0002
Cummings, Jeffrey Irvine Court not on record
PC-IL-0021-0002
Foreman, James L. (S.D. Ill., E.D. Ill.)
PC-IL-0021-0001 | PC-IL-0021-0004
Wood, Diane Pamela (Seventh Circuit)
PC-IL-0021-0002
Monitors/Masters None on record
Plaintiff's Lawyers Cunningham, Dennis (Illinois)
PC-IL-0021-0002 | PC-IL-0021-0004
Deutsch, Michael (Illinois)
PC-IL-0021-0001 | PC-IL-0021-0004
Eglit, Howard (Illinois)
PC-IL-0021-0001 | PC-IL-0021-0004
Grossman, Harvey (Illinois)
PC-IL-0021-0001
Hurvitz, Ralph (Illinois)
PC-IL-0021-0001
Saunders, Arpiar G. (New Hampshire)
PC-IL-0021-0001
Taylor, Flint Jr (Illinois)
PC-IL-0021-0001
Tockman, Lee H (Illinois)
PC-IL-0021-0001
Defendant's Lawyers Burgess, James R (Illinois)
PC-IL-0021-0004
Gilinsky, T. George (District of Columbia)
PC-IL-0021-0002
Hess, Frederick J (Illinois)
PC-IL-0021-0001
Other Lawyers None on record

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