agreement and promise that found that she started not comply with was that the eligible class would be released from the issue and transferred to quote a general population level or one a design facility or other general population them to transfer the people out of that city to but at very limited or only implied conditions about what their conditions would be once they got into general population the conditions in general population that would be the subject of so what one of the impressions that i had was that one of the regulations apparently is that they want to make sure that the prisoners get in with this  group before they are let out you know it to the general population when they're outside and here there was some evidence that they were finding you know groups that they were joking with and so therefore they were keeping and they were given the outside time that they were in that they were in the cage i guess or whatever it is what does that mean and this is just not addressed it seems like they may be embedded in material disadvantage compared to other prisoners who came in through the normal or you know through the normal admission into the prison system because they were to come in from a different well that same reason they couldn't immediately put all of the inmates who were designated for the restricted us the general population into the same area same time because those inmates had the enemies who were other inmates who were in that same group so they had to work to try to figure out which groups of inmates in the place with a program allegedly and there is a collection of inmates who are on what we all walk alone that it sees or has just yet been able to identify a group in which they can safely with the general population that would be greater than the out of jail time that they were having in as they yes your honor and it's our position that is an issue of contract construction so it's one that's for you to know and there is no room and no or all evidence that was considered that would alter the language of paragraph twenty five which just require inmates be transferred from a certain type of it was one that existed in both parties were aware of two another one that terms of record and states programming for those inmates transferred to were retained in the r c t he will be designed to provide increased opportunities for positive social interaction with other prisoners and staff including but not in or found that that including but not limited to was and was and on all i promise that every inmate transferred to the r c c he would receive every item programming in that list and the use of walk alone status prohibits the placement in groups so they to violate its own regulations of by allowing them you know not not putting them in the walk alone status and putting them at risk in violation of their own regulations that correct yes rather read a violation of  talks about you know of a duty to assign this type of activity in groups as determined by the institutional classification committee classification committee that is eight of one of the committees of staff members within cs you are that is involved in making classification decisions like which would include things such as what level of security  inmate classification or placement i'm not aware of the whether it's composition changes between individual instances but it is a huge variable and a decision general population in any way it did in bed i don't think they were treated i mean any way they please and that's what i'm trying to focus on is how you i think you're right that these prisoners were treated differently than other prisoners as in there as delphi but it seemed they be consistent with the overall regulation overall d regulations because of the uniqueness of these prisoners coming over so can you address that are you're not suggesting that the use of general population precluded the president from applying its own discretion on how these prisoners  inmates why wasn't it included with regard to former sh is that were taken going to general population if that was part of the agree so your honor we have a situation conceding or you're not contesting that at least fifty percent former shoe prisoners are receiving those ten hours you're say fifty percent of your clients are class members yes i'm not actually the question i'm trying to ask how different is it for an in may to be in an outdoor yard immediately adjacent to other inmates  years and that was complicated and i think you might be wise if you wish to have you both have it on your minds just in whether or not you want to try to mediation is so is the class numbers are housed alongside other non class members of the general population and there is no evidence that they have ever been treated differently in the general population than other general population which is why we you do you deny that there's ten hours that is recommended for the general population of time know your honor that is the intended amount but that institutional restrictions sometimes cause that but what are the institutional restrictions or do we need to get into every one of these i mean it presented evidence of one individual who didn't receive any of your time for thirteen straight days so was or it is to show interest error in denying that oftentimes yes i'm not sure which example members are receiving less than two hours a week that could be permissible it could also be not permissible how are we supposed to figure that out now i was aged and that's assuming we get past this threshold question of well general free and that the it only counts for a one month period and only a response of crosley earlier your point is they just haven't they haven't come up with their burden of proof even if we were to say general population  means you get all your subject all the regulations you get all the same rights you are the government's position is they haven't met their burden to prove that difference yes there's ten hours recommended but if you were to go look at the note on shoe general population they probably have less than ten hours as well on average because certain percentage of them would have been restricted for a number of reasons and they haven't put in any evidence of what that number is to compare  k i was looking to see what today's she was i thought that both cases were i looked at that a bit made a standing as well but i think we're we probably need to look into this a little bit and if we need