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CODY v. HILLARD

No. 97-2020.

139 F.3d 1197 (1998)

William R. CODY, individually and on behalf of all other persons similarly situated, Plaintiff — Appellant, Roger Flittie, individually and on behalf of all other persons similarly situated, Appellants, v. Carole HILLARD, President of the Board of Charities and Corrections; Frank Brost, Vice President; Ted Spaulding, Member; D.A. Gehlhoff, Member; Lyle Swenson, Member; James Smith, Executive Secretary; Herman Solem, Warden of the South Dakota State Penitentiary, individually and in their official capacities, Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 27, 1998.

Attorney(s) appearing for the Case

Elizabeth Alexander, Washington, DC, argued (Donna H. Lee, Washington, DC, on the brief), for Plaintiff-Appellant.

Todd Alan Love, Pierre, SD, argued (Mark Barnett, Atty. Gen., Frank E. Geaghan, Pierre, SD, on the brief), for Defendants-Appellees.

Before MURPHY, JOHN R. GIBSON, and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

William R. Cody and Roger Flittie, individually and as class representatives, appeal from the district court's order dissolving the consent decree in this South Dakota prison reform litigation. Cody and Flittie argue that the district court did not consider the relevant criteria in deciding whether to dissolve the decree and that the court's finding that the defendants had complied with the...

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