U.S. v. STATE OF MICH.

Nos. 93-1222, 93-1810.

18 F.3d 348 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. STATE OF MICHIGAN; John Engler; Michigan Department of Corrections; Gwen Andrew; Thomas Eardley; Duane L. Waters; Don P. LeDuc; Kenneth L. McGinnis; Dan Bolden; John Jabe; Pamela Withrow; John Hawley; James Pogats; Jack Bergman, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1994.


Attorney(s) appearing for the Case

William L. Fette, American Civil Liberties Fund of Michigan, Kalamazoo, MI, Delmer C. Gowing, III, Ocean Ridge, FL, Elizabeth R. Alexander, Chief Staff Counsel, Washington, DC, Alan M. Gershal, Asst. U.S. Atty., Office of the U.S. Atty., Detroit, MI, for Gary Knop.

Patricia A. Streeter, Detroit, MI, William L. Fette, American Civil Liberties Fund of Michigan, Kalamazoo, MI, Elizabeth R. Alexander, Chief Staff Counsel, Washington, DC, for remaining amici curiae.

Lisa J. Stark (argued & briefed), Susan D. Carle, U.S. Dept. of Justice, Civ. Rights Div., Appellate Section, Arthur E. Peabody, Jr., Chief, William Bradford Reynolds, Asst. Atty. Gen., U.S. Dept. of Justice, Sp. Litigation Section, Washington, DC, John A. Smietanka, U.S. Atty., Office of the U.S. Atty., Grand Rapids, MI, for U.S.

Barbara A. Schmidt, Susan Przekop-Shaw (argued & briefed), Office of the Atty. Gen., Corrections Div., Lansing, MI, for State of Mich. in No. 93-1222.

Frank J. Kelley, Office of Atty. Gen., Appellate Div., Barbara A. Schmidt, Susan Przekop-Shaw (argued & briefed), Office of the Atty. Gen., Corrections Div., Lansing, MI, for defendants-appellants in No. 93-1810.

Before: KEITH and RYAN, Circuit Judges, and JOHNSTONE, Senior District Judge.


RYAN, Circuit Judge.

The United States filed this case to require the State of Michigan to bring the conditions in several Michigan prisons up to constitutional standards. In 1984, the United States and Michigan agreed to a consent decree, which was entered by the district court. In April 1992, the parties filed a joint motion requesting that the court dismiss portions of the consent decree because Michigan had substantially complied with the terms of the decree and...

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