HADIX v. JOHNSON

Nos. 96-2567, 96-2568, 96-2586, 96-2588.

230 F.3d 840 (2000)

Everett HADIX, et al. (96-2567/2568); Mary Glover, et al. (96-2586/2588), Plaintiffs-Appellees/Cross-Appellants, v. Perry M. JOHNSON, et al., Defendants-Appellants/Cross-Appellees, UNITED STATES of America, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2000.


Attorney(s) appearing for the Case

Deborah A. LaBelle (argued and briefed), Law office of Deborah LaBelle, Ann Arbor, Michigan, Michael J. Barnhart, Detroit, Michigan, Patricia A. Streeter, Detroit, Michigan, for Plaintiff-Appellee/Cross-Appellant in 96-2567, 96-2568.

Deborah A. LaBelle (argued and briefed), Law office of Deborah LaBelle, Ann Arbor, Michigan, for Plaintiff-Appellee/Cross-Appellant in 96-2586, 96-2588.

Leo H. Friedman (argued and briefed), Office of the Attorney General, Corrections Division, Lansing, Michigan, for Defendant-Appellant/Cross-Appellee.

Daniel Kaplan (argued and briefed), U.S. Department of Justice, Civil Division, Washington, D.C., for Intervenor.

Todd R. Marti (briefed), Office of the Attorney General, Corrections Division, Columbus, Ohio, for Amicus Curiae.

Before: KENNEDY, JONES, and SUHRHEINRICH, Circuit Judges.


Pursuant to Sixth Circuit Rule 206.

KENNEDY, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. JONES, J. (pp. 847-48), delivered a separate dissenting opinion.

OPINION

KENNEDY, Circuit Judge.

We are presented with the issue of whether the attorney fee cap set forth in § 803(d)(3) of the Prison Litigation Reform Act violates plaintiffs' constitutional rights under the...

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