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PLYLER v. EVATT

No. 90-6789.

924 F.2d 1321 (1991)

Harry PLYLER (Formerly Gary Wayne Nelson, et al.), Plaintiff-Appellee, 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 January 23, 1991.

As Amended February 12, 1991.

Attorney(s) appearing for the Case

Kenneth Paul Woodington, argued, Sr. Asst. Atty. Gen., for appellants. (T. Travis Medlock, Atty. Gen., Charles W. Gambrell, Jr., Deputy Atty. Gen., Henry J. White, Staff Atty., Larry C. Batson, Legal Advisor, on brief), South Carolina Dept. of Corrections, Columbia, S.C., for defendants-appellants.

W. Gaston Fairey, argued, Fairey & Parise, P.A., Columbia, S.C. (Al Bronstein, National Prison Project, American Civil Liberties Union, Washington, D.C.; John Morris, Southern Prisoner's Defense Committee, Atlanta, Georgia, on brief), for plaintiff-appellee.

Before PHILLIPS, SPROUSE and WILKINS, Circuit Judges.

PHILLIPS, Circuit Judge:

The Commissioner of the South Carolina Department of Corrections and the members of the South Carolina Board of Corrections (collectively, SCDC or the state) appeal an order of the United States District Court for the District of South Carolina denying their motion for modification of a consent decree relating to the design, construction and operation of state prison facilities. Because we conclude that the court erred in declining to give...

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