In approximately 1973, Rhode Island prison inmates filed a class action lawsuit against Rhode Island prison officials, police, and their agents in the United States District Court for the District of Rhode Island. The inmates, represented by private counsel, sought a preliminary restraining order against the officials to protect them from retaliatory conduct for the inmates' participation in a substantive lawsuit against the officials for unconstitutional treatment (see Morris v. Travisono, 310 F.Supp. 857 (D.R.I.1970), PC-RI-0006. The decree set forth in this decision was the subject of subsequent and acromonious litigation). The inmates alleged that they had been subject to beatings, mental abuse, inhumane and unsanitary conditions, among other things, as retaliation for participating in that suit.

Following a hearing, the District Court (Chief Judge Raymond J. Pettine) issued a preliminary order from the bench without conducting a factual investigation or ascertaining the plaintiffs' probability of success on the merits. The order stated that inmates had testified to a "parade of horribles," including beatings, gassings and strip lock-ups, and that they feared further retaliation. The court announced that it need not make specific factual findings.

The defendants appealed the order, arguing that it could not be entered without the initial investigations. On April 8, 1974, the First Circuit Court of Appeals (Judge Levin H. Campbell) affirmed and modified the order. Though the District Court had no license to ignore the factual investigation requirement, the Court (Judge Campbell) determined that the order was supported by the plaintiffs' fear of harassment if they co-operated in the substantive action. Ben David v. Travisono, 495 F.2d 562 (1st Cir. 1974). However, paragraph one was stricken due to its vague wording. The Court reasoned that it crossed the line between a limited protective order (as issued here) and the more expansive preliminary injunction, as it did not specifically state which actions the defendants were to refrain from.

We have no further information about this case.

Stacey Jensen - 05/22/2006


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