STONE v. CITY AND COUNTY OF SAN FRANCISCO

No. 91-16927.

968 F.2d 850 (1992)

Will STONE; Henry Washington; Albert Matias; Freddy Tooks; Jo Ann Sparks, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. CITY AND COUNTY OF SAN FRANCISCO; Michael Hennessey, Sheriff; Mayor of the City and County of San Francisco; Department of Public Health of the City and County of San Francisco, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted April 17, 1992.

Decided June 25, 1992.

As Amended July 9, 1992.

Order Amending Opinion and Denying Rehearing and Rehearing August 25, 1992.


Attorney(s) appearing for the Case

Dennis Aftergut, Deputy City Atty., San Francisco, Cal., for defendants-appellants.

Beth H. Parker, McCutchen, Doyle, Brown & Enerson, San Francisco, Cal., for plaintiffs-appellees.

Before: CHOY, FARRIS, and RYMER, Circuit Judges.


Order Amending Opinion and Denying Rehearing and Rehearing En Banc August 25, 1992.

CHOY, Circuit Judge:

The City and County of San Francisco ("the City") appeals a contempt order against it for its failure to comply with provisions of a consent decree governing population levels at one of the City's jails. We affirm the entry of the contempt order, but vacate that part of the order allowing the Sheriff to override applicable state laws in conducting early...

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