Appeals court revives case challenging death row conditions

(AP) – A federal appeals court has revived a lawsuit challenging conditions on death row in Virginia.

A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled Friday that the lower court improperly dismissed the case brought by five condemned inmates.

The lower court said the case was resolved because prison officials had eased restrictions and granted death row inmates more privileges. Death row inmates are now given more recreation time, among other things.

But their attorneys say they fear the changes are temporary. They wanted the lower court to forbid the state from reinstating what they have called "dehumanizing conditions."

The 4th Circuit says the lower court was wrong in dismissing the case because prison officials have not guaranteed that they won't revert to the previous conditions.