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MERCER v. MITCHELL

No. 89-8267.

908 F.2d 763 (1990)

Kenneth MERCER, Tom Tioran, David Tootle, Edward Koraski, pre-trial detainees in the Chatham County Jail, Indv. and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Walter MITCHELL, Indv. and in his capacity as Sheriff of Chatham County, Ga., Luke Simms, Indv. and in his capacity as Chief Jailer of the Chatham County Jail; J. Tom Coleman, Willie Brown, Frank O. Downing, Cleve Fountain, Walter Matthews, Robert L. McCorkle, George A. Mercer, III, J. Albert Sadler, and L. Scott Stell, Indv. and in their respective capacities as Commissioners of Chatham County, Georgia, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied October 4, 1990.

Attorney(s) appearing for the Case

Emily E. Garrard, Savannah, Ga., for defendants-appellants.

James F. Bass, Jr., Savannah, Ga., for plaintiffs-appellees.

Before TJOFLAT, Chief Judge, ANDERSON and CLARK, Circuit Judges.

TJOFLAT, Chief Judge:

The civil contempt power of the United States courts is limited to "the least possible power adequate to the end proposed." Anderson v. Dunn, 19 U.S. (6 Wheat.) 204, 231, 5 L.Ed. 242 (1821). The appellants (the County)1 claim that the district court exceeded this power by fining the County $30,600 for operating a county jail in violation of prior court orders. Although we will vacate a district court's exercise...

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