Pursuant to the administration's policy, defendant Thomas determined those inmates refusing to work by calling out their bed assignment. Robert Armstrong testified that the sally port is used in this manner because of staff shortage, but mainly as a security matter because it was the experience of correctional officers that inmates who refused to work and were left in the unit used that time to break into other inmates' belongings and steal items. The court finds that this is a legitimate security concern for the prison officials. The sally port has a concrete floor and is enclosed with an eight foot fence. It is approximately 25 feet by 40 feet in size.
Water is provided to the inmates in a five gallon container.
Although plaintiff disputes this fact, the court finds that the water container is within the sally port and accessible to the inmates. Plaintiff testified that he caught a cold because of his confinement on the sally port and his nose ran for approximately a day and a half. Plaintiff asserts that being convicted of an RVR after being confined to the sally port amounts to double punishment for the same offense. He also asserts that he was punished without due process. Plaintiff's previous claims asserting interference with his religious practices were voluntarily dismissed at the trial.