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EVANS v. WILLIAMS

No. 99-7058.

206 F.3d 1292 (2000)

Joy EVANS, et al., Appellees, v. Anthony A. WILLIAMS, et al., Appellants. United States of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 2000.

Attorney(s) appearing for the Case

Lutz Alexander Prager, Assistant Deputy Corporation Counsel, argued the cause for appellants. With him on the briefs were Robert R. Rigsby, Interim Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and Melvin W. Bolden, Jr., Trial Counsel.

John L. Jacobus argued the cause for appellees Joy Evans, et al. With him on the brief were Kelly Bagby and Joseph B. Tulman. Patricia B. Millerioux entered an appearance.

Linda F. Thome, Attorney, U.S. Department of Justice, argued the cause for appellee United States of America. With her on the brief was Bill Lann Lee, Acting Assistant Attorney General.

Before: SILBERMAN, WILLIAMS, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The District of Columbia appeals from an order of the district court imposing contempt fines of $5,096,340 on it for its failure to comply with a consent decree. We agree with appellant that the fine was a criminal sanction that could not be imposed without a criminal trial; we also agree that the district court abused its discretion in refusing to modify the consent decree....

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