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HEATH v. DE COURCY

No. 88-4167.

888 F.2d 1105 (1989)

James HEATH, Harold Lancy, Harold Keith, Johnny Edwards, Kenneth Thompson, Edward Ackerson, Michael R. Blum, Herbert Hayes, David F. Burke, Gary W.J. Bevins, Bailey J. Hayes, and Gene H. Gregg, Plaintiffs-Appellants, v. Joseph M. DE COURCY, Norman A. Murdock, Robert E. Taft II, as Commissioners of Hamilton County, Defendants, Simon L. Leis, Jr., as Sheriff of Hamilton County, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 3, 1989.

Attorney(s) appearing for the Case

Stephen H. Olden (argued), Edward S. Stokan, Legal Aid Soc. of Cincinnati, Cincinnati, Ohio, for plaintiffs-appellants.

Robert E. Taylor, Asst. Pros. Atty. (argued), Cincinnati, Ohio, for defendant-appellee.

Before KENNEDY and NELSON, Circuit Judges; and WISEMAN, Chief District Judge.

KENNEDY, Circuit Judge.

This appeal forces us to consider the appropriate standard for modifying a consent decree entered on the agreement of the parties in the context of institutional reform litigation. Appellee urges that we apply a somewhat relaxed standard for modifying such decrees, while appellants contend that we adopt a more rigid standard and allow modification only upon the showing of a "grievous wrong evoked by new and unforeseen conditions."

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