PLYLER v. MOORE

No. 96-6884.

100 F.3d 365 (1996)

Harry PLYLER, Plaintiff-Appellant, and Gary Wayne Nelson; Les Williams; Gary Slezak, Plaintiffs, v. Michael MOORE, Director, South Carolina Department of Corrections, Defendant-Appellee, and United States of America, Intervenor, and William D. Leeke; Board of Corrections of the State of Virginia, Defendants. The Legal Aid Society of the City of New York; The Youth Law Center; Human Rights Watch; National Women's Law Center, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 14, 1996.


Attorney(s) appearing for the Case

ARGUED: W. Gaston Fairey, Fairey, Parise & Mills, P.A., Columbia, South Carolina, for Appellant. Kenneth Paul Woodington, Senior Assistant Attorney General, Columbia, South Carolina, for Appellee. Robert Mark Loeb, Appellate Staff, Civil Division, United States Department Of Justice, Washington, D.C., for Intervenor. ON BRIEF: Rochelle Romosca McKim, Fairey, Parise & Mills, P.A., Columbia, South Carolina, for Appellant. Charles Molony Condon, Attorney General, Treva Ashworth, Deputy Attorney General, Reginald I. Lloyd, Assistant Attorney General, Columbia, South Carolina; Larry C. Batson, General Counsel, South Carolina Department Of Corrections, Columbia, South Carolina, for Appellee. Frank W. Hunger, Assistant Attorney General, Margaret B. Seymour, United States Attorney, Barbara L. Herwig, Appellate Staff, Civil Division, United States Department Of Justice, Washington, D.C., for Intervenor. Daniel L. Greenberg, John Boston, Sarah Kerr, Dori A. Lewis, Marta Nelson, Prisoners' Rights Project, The Legal Aid Society, New York, New York; Mark Soler, Youth Law Center, Washington, D.C.; Kenneth Roth, Juan Mendez, Joanne Mariner, Regan Ralph, Human Rights Watch, New York, New York; Deborah Brake, Brenda V. Smith, Joanna Grossman, National Women's Law Center, Washington, D.C., for Amici Curiae.

Before WILKINS, WILLIAMS and MOTZ, Circuit Judges.


Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Judge MOTZ joined.

OPINION

WILKINS, Circuit Judge:

A class of South Carolina prison inmates (the Inmates) appeals an order of the district court terminating, pursuant to 18 U.S.C.A. § 3626(b)(2) (West Supp.1996), as amended by Prison Litigation Reform Act, Pub.L. No. 104-134, § 802(a), 110 Stat. 1321, 1321-68 (1996), a consent decree pertaining...

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