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NICHOLS v. HOOPER

No. 97-6818.

173 F.3d 820 (1999)

Jackie NICHOLS, Carol Register, et al., Plaintiffs-Appellants, v. Joe S. HOPPER, Commissioner, Alabama Department of Corrections; Wayne Teague, Superintendent, Alabama Board of Education, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 23, 1999.

Attorney(s) appearing for the Case

Christopher M. Johnson, Katharine Aiken Huffman, Robert E. Toone, Jr., Southern Center for Human Rights, Atlanta, GA, for Plaintiffs-Appellants.

Ellen Leonard, Ala. Dept. of Corrections, Renee D. Culverhouse, Dept. of Postsecondary Ed., Montgomery, AL, for Defendants-Appellees.

Anne M. Lobell, Barbara L. Herwig, CV Div., Appellate Staff, Washington, DC, for Intervenor USA (Dept. of Justice).

Before BIRCH and BARKETT, Circuit Judges, and ALAIMO, Senior District Judge.

BIRCH, Circuit Judge:

In this case, we consider whether the immediate termination provisions of the Prison Litigation Reform Act ("PLRA"), codified at 18 U.S.C. § 3626(b), violate the separation of powers doctrine as articulated in United States v. Klein, 80 U.S. (13 Wall.) 128, 20 L.Ed. 519 (1871).

I. BACKGROUND

On October 5, 1987, the district court entered a consent order, agreed upon by the parties, concerning the conditions of confinement...

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