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GILMORE v. PEOPLE OF THE STATE OF CALIFORNIA

Nos. 98-15160, 98-15198.

220 F.3d 987 (2000)

Robert O. GILMORE, Jr., and Inmates of San Quentin State Prison, Plaintiffs-Appellants, United States of America, Intervenor, v. PEOPLE OF THE STATE OF CALIFORNIA, Defendant-Appellee. Maurice Thompson; Charles A. Green; John Gzikowski; Keith D. Williams; Ronald E. Lanphear; Chol Soo Lee; Andrew E. Robertson, individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. Jiro J. Enomoto, (former Director, California Department of Corrections; current Director James Rowland); George W. Sumner, Warden, California State Prison at San Quentin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2000.

Attorney(s) appearing for the Case

In Gilmore v. California: Donald Specter, Prison Law Office, San Quentin, California, for the plaintiffs-appellants.

Dianne de Kercor, Deputy Attorney General, San Francisco, California, for the defendants-appellees.

In Thompson v. Gomez: Donald Specter, Prison Law Office, San Quentin, California, for the plaintiffs-appellants.

Dianne de Kercor, Deputy Attorney General, San Francisco, California, for the defendants-appellees.

Before: BRIGHT, FLETCHER and THOMPSON, Circuit Judges.

FLETCHER, Circuit Judge:

In these consolidated appeals, we are asked to determine the constitutionality of provisions of the Prison Litigation Reform Act of 1995 ("PLRA"), Pub.L. 104-134, 110 Stat. 1321-66 (Apr. 26, 1996), that require termination of prospective relief in prison conditions cases. This is not the first occasion we have had to address the constitutionality of these provisions,2 nor are we the first circuit to be presented...

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