a small area outside his cell. (Tr. at 76).
The defendants claim that it is necessary to house the plaintiff in segregated confinement to protect the lives and well being of the staff and inmates of the ACI as well as the plaintiff himself. To support this conclusion, they point to Carillo's "disciplinary and criminal record, particularly his murder conviction as it relates to the threat the plaintiff poses to the security of the institution as well as his present ability to adjust to the general population." Defendants' Memorandum of Law, at 14. Additionally, defendants claim that the plaintiff's consistent refusal to stand for the count and sleep at the required end of the bed reflects "a deliberate and persistent pattern of unwillingness on [his] part to observe theat 2.
The plaintiff, for his part, seeks to establish that there is no legitimate penological basis for his continued segregated confinement, and that eight-and-a-half years of isolation has had damaging psychological effects on him. At the original trial, he introduced the testimony of Dr. Augustus Kinzel to establish the adverse effects of his prolonged isolation. Dr. Kinzel testified that Carillo's segregated confinement has resulted in traumatic neurosis with acute depression manifested by periods of intense irritability, withdrawal, inability to concentrate, a preoccupation with his body, insomnia, and a development of physical symptoms with little or no physical basis. Morris v. Travisono, 499 F.Supp. at 151.
The plaintiff introduced further expert testimony at the September, 1981 hearing. Dr. Wesley Profit, director of prison mental health services for the State of