Balla v. Idaho, State of

Filing 1335

ORDER re 1333 Memorandum Decision. Signed by Judge B. Lynn Winmill. (alw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
WALTER D. BALLA, et al.,
Plaintiffs,
v.

Case No. 1:81-CV-1165-BLW
ORDER

IDAHO STATE BOARD OF CORRECTION,
et al.,
Defendants.
To clarify the Court’s earlier decision (docket no. 1333), the Court understands
that the plaintiffs want to have inmates do simulations of daily living in the Medical
Annex to prepare for the evidentiary hearing. As one example of the simulations they
would perform, the plaintiffs would propose having an inmate in a wheelchair attempt to
access certain areas to determine safety issues. The plaintiffs also want to observe Units
9 and 13 in their ordinary non-locked down status.
With regard to the request for simulations in the Medical Annex, the Court finds
that security issues preclude that request. With regard to the request to observe Units 9
and 13 in their ordinary non-locked down status, the only purpose for this request that the
Court can discern is to relitigate the population caps placed on Units 9 & 13. This issue
is resolved, and the Court has consistently refused to expand the scope of the evidentiary
hearing -- moreover, both sides agree the present caps are not being violated.
Accordingly,

NOW THEREFORE IT IS HEREBY ORDERED, that the plaintiffs’ requests to
allow simulations in the Medical Annex and to observe Units 9 & 13 in their non-locked
down status, are DENIED.
IT IS FURTHER ORDERED, that if counsel dispute any portion of this decision
they may file motions to reconsider. No further mediations with Court staff are required
on the issues raised here.

DATED: December 19, 2019
_________________________
B. Lynn Winmill
United States District Judge