The opinion of the court was delivered by: Foreman, Chief Judge:
A. Lighting in H-Unit Cells.
At the hearing held in this matter on November 3 and 4, 1980,
inside Marion Penitentiary, plaintiffs argued that this Court
should categorically order that every cell in H-Unit be equipped
with a 100 watt light bulb so that inmates may see better in
their cells. Prison officials offered uncontradicted testimony
that inmates complain often that the naked light bulbs of even
lesser wattage in their cells are too bright. The Court actually
visited in H-Unit and observed makeshift devices inmates had
devised to diffuse and filter the bright light. It appears to the
Court that the matter is better settled by the prison officials'
offer to furnish either a 40, 60 or 100 watt light bulb upon
request of an individual inmate. In this case, service of
individual preference undercuts the constitutional dimension of
the complaint. Thus, the prison officials should develop a
reasonable procedure for giving to an inmate either a 40, 60 or
100 watt light bulb for his cell immediately.
B. Visual Body (Strip) Searches.
The Court of Appeals was particularly concerned with strip
searches of inmates before and after non-contact visits with
family and friends. The Court of Appeals did not believe that the
rationale announced in Bell v. Wolfish, 441 U.S. 520, 99
S.Ct. 1861, 60 L.Ed.2d 447 (1979) justified the strip searches.
Addressing this issue, the Court stated:
The Supreme Court in Wolfish relied on the
possibility of contraband being brought into the
prison during contact visits to justify the use of
strip searches. Those contact visits were not closely
supervised by guards. Wolfish should not be extended
to the facts of this case without a showing that
there is some risk that contraband will be smuggled
into Marion during non-contact supervised visits, or
that some other risk within the prison will be
Bono, 620 F.2d at 617. The Court of Appeals also expressed
concern in a footnote that the evidence in the proceeding below
indicated that strip searches are not required in connection with
inmates' contact visits with their counsel, but are required when
they visit family and friends. Bono v. Saxbe, 450 F. Supp. 934,
939 (E.D.Ill. 1978) (Findings of Fact Nos. 40 and 41). With
the issue before the Court so framed, and based on the hearings
at Marion November 3 and 4, 1980, and the personal inspection of
the visiting area and H-Unit by the Court at that time, the
following findings of fact are made.
1. An H-Unit inmate must submit to a visual body search,
commonly referred to as a strip search, each time he leaves
H-Unit for a visit.
2. An H-Unit inmate must submit to a strip search whether his
visit is a non-contact visit with family or friends or a contact
visit with an attorney.
3. Upon completion of either a non-contact or contact visit,
each H-Unit inmate must submit to another strip search, which in
most instances, is administered by correctional officers in an
area adjacent to the visiting room area.
5. During non-contact visits, H-Unit inmates use "controlled
visiting booths" in which the inmate is separated by a plexiglass
partition from his visitor. The inmate ...