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C.H. v. SULLIVAN

No. 89-5490.

920 F.2d 483 (1990)

C.H. Federal Witness, J.S. Federal Witness, L.J. Federal Witness, W.D. Federal Witness, G.B. Federal Witness, K.H. Federal Witness, J.K. Federal Witness, Appellants, v. John SULLIVAN, Warden and his agents (Dick Clark), F.C.I., Sandstone, MN; Edwin Meese, III, U.S. Attorney General and his agents; Frederick D. Hess, Director of Office of Enforcement Operations, U.S. Dep't of Justice; Gerald Shur, Associate Director, Office of Enforcement Operations, U.S. Dep't of Justice; Doug Davis, Administrator, Inmate Monitoring Section (WITSEC), U.S. Bureau of Prisons, Appellees. T.S. Witness, Appellant, v. Edwin MEESE, III, Attorney General; Frederick D. Hess, Director, Office of Enforcement Operations; Norman Carlson, Director, Bureau of Prisons; John Sullivan, Warden, F.C.I., Sandstone; Richard Clark, Unit Manager, F.C.I., Sandstone, Appellees. John SMITH (aka) # 02627-030, Appellant, v. Edwin MEESE, III, Attorney General of the United States, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 26, 1990.

Attorney(s) appearing for the Case

Melvin B. Goldberg, St. Paul, Minn., for appellants.

James E. Lackner, Asst. U.S. Atty., St. Paul, Minn., for appellees.

Before WOLLMAN and MAGILL, Circuit Judges, and HEANEY, Senior Circuit Judge.

WOLLMAN, Circuit Judge.

Nine federal prisoners serving sentences under the federal witness protection program (the witnesses) appeal from the district court's1 grant of summary judgment in favor of the government. We find no jurisdiction under the Tucker Act to grant the witnesses' prayer for equitable relief based on their agreement with the government. We affirm the district court's decision that double celling of these inmates does...

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