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TAYLOR v. U.S.

Nos. 97-16069, 97-16071.

143 F.3d 1178 (1998)

Eddie Willie TAYLOR; Michael F.X. Hogan, Plaintiffs-Appellees, v. UNITED STATES of America, Intervenor-Appellant, and State of Arizona; Terry Stewart, Director of the Arizona Department of Corrections, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1998.

Attorney(s) appearing for the Case

Darrin J. Delange, Assistant Attorney General, Phoenix, Arizona, for the defendants-appellants.

Randall S. Papetti, Lewis and Roca LLP, Phoenix, Arizona, for the plaintiffs-appellees.

Robert M. Loeb, United States Department of Justice, Civil Division, Washington, District of Columbia, for the intervenor-appellant.

Before: CANBY and REINHARDT, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

This is an appeal from an order of the district court denying a motion to terminate a consent decree affecting prison conditions and finding a provision of the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, § 802, 110 Stat. 1321, 1321-65 (1996) (codified as 18 U.S.C.A. § 3626(b)(2) (West.Supp. 1998)) ("PLRA" or "the Act"), unconstitutional. That provision mandates immediate termination...

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