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GAVIN v. BRANSTAD

Nos. 96-3746, 96-3748.

122 F.3d 1081 (1997)

Michael Patrick GAVIN, in his own behalf and on behalf of all others similarly situated; Ed Clark, in his own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Terry BRANSTAD; Charles Palmer; Walter Kautzky; Herb Maschner; John Emmett; Larry Moline; Charles Naugling; Steven Korb; Mike Foehring; John Fullenkamp; Eldon Degrange; Fred Cole; Ron Meyers; Charles Free; Randy Martin, Defendants-Appellants, United States of America, Intervenor Defendant. Michael Patrick GAVIN, in his own behalf and on behalf of all others similarly situated; Ed Clark, in his own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Terry BRANSTAD; Charles Palmer; Walter Kautzky; Herb Maschner; John Emmett; Larry Moline; Charles Naugling; Steven Korb; Mike Foehring; John Fullenkamp; Eldon Degrange; Fred Cole; Ron Meyers; Charles Free; Randy Martin, Defendants, United States of America, Intervenor Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 5, 1997.

Rehearing and Suggestion for Rehearing Denied October 7, 1997.

Attorney(s) appearing for the Case

Gordon E. Allen, Deputy Attorney General for the State of Iowa, Des Moines, IA, argued, for appellant Terry Branstad, et al., in No. 96-3746.

John C. Hoyle, U.S. Department of Justice, Civil Division, Washington, DC, argued, for appellant in No. 96-3748.

Barbara A. Schwartz, Iowa City, IA, argued, for appellee.

Before BOWMAN, WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 7, 1997.

BOWMAN, Circuit Judge.

In this long-running prison lawsuit, the District Court declared the "immediate termination" provisions of the Prison Litigation Reform Act, 18 U.S.C.A. § 3626(b)(2)-(3) (West Supp.1997), unconstitutional. After careful consideration, we conclude that these provisions do not exceed Congress's constitutional authority. Accordingly, we reverse the District Court...

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