SMITH v. CLEARY

Nos. S-7810, S-7850.

24 P.3d 1245 (2001)

Robert SMITH, Commissioner, Department of Health and Social Services; Roger Endell, Director, Division of Adult Corrections, Department of Health and Social Services; Vernon Caulkins, Assistant Director, Division of Adult Corrections, Department of Health and Social Services; Reverend William Lyons, Beverly Dunham, Frederick Pettyjohn, Al Widmark, and Conrad Miller, all of the Alaska Parole Board; Samuel Trivette, Executive Director of the Alaska Board of Parole, and their subordinates, employees, and agents, Appellants and Cross-Appellees, v. Michael CLEARY, Demetry Kenezuroff, Harry Morgan, Bob Owen, Thomas Walter, and Ernest Morgan, on behalf of themselves and all other persons who are now or will be similarly situated, Appellees and Cross-Appellants.

Supreme Court of Alaska.

June 22, 2001.


Attorney(s) appearing for the Case

John K. Bodick, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellants/Cross-Appellees.

R. Scott Taylor and Phillip R. Volland, Rice, Volland & Taylor, P.C., Anchorage, for Appellees/Cross-Appellants.

Before MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.


OPINION

BRYNER, Justice.

I. INTRODUCTION

The state and a group of state prisoners entered into an elaborate agreement to settle a class action challenging conditions in Alaska prisons. To alleviate overcrowding prohibited by the agreement, the state proposed to transfer a large group of prisoners to a private prison in Arizona. Alaska prisoners asked the superior court to enjoin the transfer. The court denied the injunction and approved...

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