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DOUGAN v. SINGLETARY

No. 93-2008.

129 F.3d 1424 (1997)

Jacob J. DOUGAN, Jr., and all other persons who are presently and will be in the future incarcerated on death row at Florida State Prison, Plaintiffs-Appellees, v. Harry K. SINGLETARY, Jr., individually and in his official capacity, Clayton G. Strickland, individually and in his official capacity as Superintendent of Florida State Prison at Starke, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 1, 1997.

Attorney(s) appearing for the Case

Joe Belitzky, Charlie McCoy, Assistant Attorney Generals, Department of Legal Affairs, Tallahassee, FL, for Defendants-Appellants.

William J. Sheppard, D. Gray Thomas, Sheppard & White, P.A., Jacksonville, FL, for Plaintiffs-Appellees.

Before COX, Circuit Judge, and CLARK and WOOD, Senior Circuit Judges.

PER CURIAM:

We address in this appeal the constitutionality of 18 U.S.C.A. § 3626(b)(2), which requires termination of existing prison-litigation consent decrees that do not satisfy its standards. We conclude that the statute withstands the constitutional challenges presented.

1. BACKGROUND

Seeking more outdoor exercise, Florida death row inmates sued prison officials in 1981. A class was certified, and in 1983 the district court approved a...

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