CHAIRS v. BURGESS

No. 97-6327.

143 F.3d 1432 (1998)

James Humphrey CHAIRS, Danny Wayne Oliver, Bobby Wayne Fisher, Ralph Jones, Marvin Walker Hopkins, All Persons Who Are Or Have Been Incarcerated in the Morgan County Jail Under the Custody and Control of the Sheriff of Morgan County, Alabama Since 3/8/82, Plaintiffs, v. Morgan County Sheriff Buford BURGESS, Morgan County Commissioners, Defendants-Appellees, Regional Commissioners Department of Corrections, Defendant, Alabama Department of Corrections, Joseph Simon Hopper, Commissioner, Alabama Department of Corrections, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 18, 1998.


Attorney(s) appearing for the Case

Andrew W. Redd, Ellen Leonard, Albert S. Butler, Ala. Dept. of Corr., Montgomery, AL, for Defendants-Appellants.

Robert M. Shipman, Huntsville, AL, William E. Shinn, Jr., Harris, Caddell & Shanks, P.C., Decatur, AL, for Plaintiffs.

Before EDMONDSON, CARNES and MARCUS, Circuit Judges.


EDMONDSON, Circuit Judge:

In this jail-overcrowding case, we conclude that the district court erred in holding the State in contempt for violating an injunction. We vacate the district court's order and remand for further proceedings.

Background

In March 1986, a consent decree (Decree) was entered by the district court for the Northern District of Alabama.1 Under the Decree, the Alabama Department of Corrections...

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