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PLYLER v. EVATT

No. 88-7511.

846 F.2d 208 (1988)

Harry PLYLER, et al., (formerly Gary Wayne Nelson, et al.), Plaintiffs-Appellees, v. Parker EVATT, Commissioner, South Carolina Department of Corrections; Members of the South Carolina Board of Corrections, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 27, 1988.

Attorney(s) appearing for the Case

T. Travis Medlock, Atty. Gen., Kenneth Paul Woodington, Sr. Asst. Atty. Gen., Columbia, S.C. (Larry C. Batson, Columbia, S.C., Legal Advisor, S.C. Dept. of Corrections on brief), for defendants-appellants.

W. Gaston Fairey (Fairey & Parise, P.A., Columbia, S.C., Nat. Prison Project, American Civ. Liberties Union, Southern Prisoner's Defense Committee on brief), for plaintiffs-appellees.

Before PHILLIPS and WILKINS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

WILKINS, Circuit Judge:

The Commissioner of the South Carolina Department of Corrections and the members of the South Carolina Board of Corrections (Department of Corrections) appeal from the denial of a motion for modification of a consent decree regarding correctional facilities. The Department of Corrections also appeals from a recent court-ordered plan requiring early release of approximately 700 prisoners. We vacate the orders and remand for modification of the...

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