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BLACKMUN v. WILLE

No. 91-5082.

980 F.2d 691 (1993)

Jimmy Lee BLACKMUN, Thomas D. Hiler, Michael Nelson and Allen Foxworth, Jr., individually and on Behalf of other inmates of the Palm Beach County Jail, Plaintiffs-Appellants, v. Richard WILLE, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 4, 1993.

Attorney(s) appearing for the Case

James K. Green, Richard G. Lubin, Lubin & Gano, P.A., West Palm Beach, Fla., M. David Gelfand, Terry E. Allbritton, Appellate Advocacy Program, Dan Zimmerman, New Orleans, La., for plaintiffs-appellants.

Ronald K. McRae, County Atty., Frank J. McKeown, Jr., McKeown, Gamot & Phipps, P.A., Larry Klein, Klein & Walsh, P.A., Randy D. Ellison, West Palm Beach, Fla., for defendants-appellees.

Before TJOFLAT, Chief Judge, KRAVITCH, Circuit Judge, and SMITH, Senior Circuit Judge.

PER CURIAM:

Appellant Jimmie Lee Blackmun challenges the district court's modification of the consent decree entered into by a class of prisoners and appellee Wille. After we heard oral argument in this case, the Supreme Court decided Rufo v. Inmates of Suffolk County Jail, ___ U.S. ___, 112 S.Ct. 748, 116 L.Ed.2d 867 (1992). Rufo creates a new two-part test by which to judge proposed modifications of consent decrees in institutional litigation. First...

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