HAZEN EX REL. LeGEAR v. REAGEN

No. 98-3987.

208 F.3d 697 (2000)

Bruce Peter HAZEN, by and through Movant Chris LeGEAR (Intervenor), Plaintiff-Appellant, Thomas Wright, Walter Smith, Dale Davis, Robert Lee Kern, Willie Lloyd, Plaintiffs, Albert W. Ware, Arthur Alan Poyner, Rick Dean Foster, George Segler, David Streets, Bryan Kirby Barrett, Jerry Mark, Bill Davis, Tim Florea, Herbert Schnee, Intervenor-Plaintiffs, v. Michael V. REAGEN, as Commissioner of Social Services of State of IA; David Scurr, as Warden of ISP; Leonard Graves, Defendants-Appellees, United States of America, Intervenor Defendant-Appellee, David Dee, by and through Movant Shawn Shelton (Intervenor), Plaintiff-Appellant, Robert Lee Kern, Plaintiff, v. Lou V. Brewer, as the warden at ISP; Louis Galloway; Donald Lynch; James Pezley, Defendants-Appellees, Robert Bartholomew, John Emmett, Gerardo Acevedo, Respondents-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 31, 2000.


Attorney(s) appearing for the Case

Jeffrey M. Lipman, Clive, IA, argued, for Plaintiff-Appellant.

John C. Hoyle, Washington, DC, argued (Layne M. Lindebak, Des Moines, IA, on the brief), for Defendants-Appellees.

Before: WOLLMAN, Chief Judge, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


BOWMAN, Circuit Judge.

Iowa prison officials moved to terminate consent decrees that had regulated prison conditions for nearly twenty years. The Prison Litigation Reform Act (PLRA) entitles the officials to termination of prospective relief, such as the consent decrees, two years after the relief is granted, unless (1) the court granting prospective relief made certain findings, including a finding that the relief "extends no further than necessary" to correct a...

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