Dwight DURAN, Lonnie Duran, Sharon Towers, and all others similarly situated, Plaintiffs-Appellees,
v.
Garrey CARRUTHERS, Governor of The State of New Mexico, O.L. McCotter, Secretary of Corrections, and Robert J. Tansy, Warden of the Penitentiary of New Mexico, Defendants-Appellants.
Mountain States Legal Foundation, Amici Curiae, on behalf of its members, the State of Kansas, and the State of Utah.
Amici Curiae of the States of Hawaii, Oregon, Utah, Washington, and Wyoming, in support of Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 15, 1989.
September 15, 1989.
Attorney(s) appearing for the Case
Joel I. Klein of Onek, Klein & Farr, Washington, D.C. (Hal Stratton, Atty. Gen., Henry M. Bohnhoff, Deputy Atty. Gen., James Bieg, Asst. Atty. Gen., Santa Fe, N.M., Norman S. Thayer, Saul Cohen, and Stephany S. Wilson of Sutin, Thayer & Browne, Albuquerque, N.M., and Paul M. Smith of Onek, Klein & Farr, Washington, D.C., with him on the brief), for defendants-appellants.
Elizabeth Alexander, Washington, D.C. (Mark J. Lopez and Alvin J. Bronstein, National Prison Project of the ACLUF, Inc., Washington, D.C., Ray Twohig, P.C., Albuquerque, N.M., and Mark H. Donatelli of Rothstein, Bailey, Bennett, Daly & Donatelli, Santa Fe, N.M., with her on the brief), for plaintiffs-appellees.
Paul Farley, Mountain States Legal Foundation, Denver, Colo., Robert T. Stephan, Atty. Gen., State of Kan., Topeka, Kan., and David L. Wilkinson, Atty. Gen., State of Utah, Salt Lake City, Utah, for the amici curiae, on behalf of the Mountain States Legal Foundation, its members, the State of Kan., and the State of Utah.
Warren Price, III, Atty. Gen., State of Hawaii, and Steven S. Michaels, Deputy Atty. Gen., Honolulu, Hawaii, Dave Frohnmayer, Atty. Gen., State of Or., David L. Wilkinson, Atty. Gen., State of Utah, Kenneth O. Eikenberry, Atty. Gen., State of Wash., and Joseph B. Meyer, Atty. Gen., State of Wyo., for the amici curiae States of Hawaii, Oregon, Utah, Wash., and Wyo.
Before SEYMOUR, EBEL and McWILLIAMS, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
McWILLIAMS, Circuit Judge.
This appeal is from an order of the United States District Court for the District of New Mexico denying the defendants' motion to vacate certain parts of a consent decree.1 Our study of the matter convinces us that the district court did not err in denying defendants' motion to vacate. Accordingly, we affirm.
By a first amended complaint filed July 6, 1978, Dwight Duran, and others, all inmates of the...
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