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INMATES OF SUFFOLK COUNTY JAIL v. ROUSE

Nos. 97-1261, 97-1262, 97-1263 and 97-1334.

129 F.3d 649 (1997)

INMATES OF SUFFOLK COUNTY JAIL, etc., et al., Plaintiffs, Appellees, v. Richard J. ROUSE, etc., et al., Defendants, Appellants. INMATES OF SUFFOLK COUNTY JAIL, etc., et al., Plaintiffs, Appellants, v. Richard J. ROUSE, etc., et al., Defendants, Appellees. INMATES OF SUFFOLK COUNTY JAIL, etc., et al., Plaintiffs, Appellees, v. Richard J. ROUSE, etc., et al., Defendants, Appellees, United States of America, Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided November 7, 1997.

Attorney(s) appearing for the Case

Max D. Stern, Boston, MA, with whom Lynn Weissberg and Stern, Shapiro, Weissberg & Garin were on brief, for plaintiffs.

John D. Hanify, Boston, MA, with whom Robyn J. Bartlett, Owen P. Kane and Hanify & King were on brief, for defendant Richard J. Rouse, Sheriff of Suffolk County.

Douglas H. Wilkins, Assistant Attorney General, Boston, MA, with whom Scott Harshbarger, Attorney General, and Thomas O. Bean, Assistant Attorneys General, were on brief, for defendants Commonwealth of Massachusetts and Commissioner of Correction.

Robert M. Loeb, Washington, DC, with whom Frank W. Hunger, Assistant Attorney General, Donald K. Stern, United States Attorney, and Barbara L. Herwig and John C. Hoyle, Attorneys, Civil Division, Department of Justice, were on brief, for the intervenor.

Before SELYA, Circuit Judge, ALDRICH and COFFIN, Senior Circuit Judges.

SELYA, Circuit Judge.

The passage of the Prison Litigation Reform Act, 18 U.S.C.A. § 3626 (Supp.1997) (the PLRA or the Act), brought cheers to the lips of many prison administrators. In its wake, the Sheriff of Suffolk County and the Massachusetts Commissioner of Correction (collectively, the defendants) cast their gaze toward a consent decree that has governed important aspects of the county's handling of pretrial detainees since 1979. Spying an opportunity...

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