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BERWANGER v. COTTEY

No. 98-3107.

178 F.3d 834 (1999)

Randall BERWANGER, et al., Plaintiffs-Appellants, v. Jack L. COTTEY, et al., Defendants-Appellees. United States of America, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 1999.

Attorney(s) appearing for the Case

Kenneth J. Falk (argued), Indianapolis, IN, for Plaintiffs-Appellants.

James P. Moloy (argued), Dann, Pecar, Newman & Kleiman, Indianapolis, IN, for Defendants-Appellees.

Barbara L. Herwig, Robert M. Loeb (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, for Intervenor-Appellee.

Before COFFEY, FLAUM, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Until recently Marion County Jail was subject to a federal injunction that establishes a maximum population. Orders entered in this long-running case, which began in 1972, regulate the Jail in many ways, but only the maximum-population features are at issue. These act as "prisoner release orders" for purposes of the Prison Litigation Reform Act, because, when the Jail is at the capacity set by the judge, it must release one prisoner for...

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