DOE v. PATAKI

Docket Nos. 06-2126-cv(L), 06-3709-cv(CON).

481 F.3d 69 (2007)

John DOE, et al., individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. George E. PATAKI, in his official capacity as Governor of the State of New York, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 8, 2007.


Attorney(s) appearing for the Case

Richard Dearing, Asst. Solicitor Gen., New York, N.Y. (Eliot Spitzer, N.Y. State Atty. Gen., Louis H. Willenken, Asst. Atty. Gen., Michael S. Belohlavek, Senior Counsel, Office of the N.Y. State Atty. Gen., New York, N.Y., on the brief), for Defendants-Appellants.

Thomas O'Brien, The Legal Aid Society, New York, N.Y., for Plaintiffs-Appellees.

Before: NEWMAN, CABRANES, and POOLER, Circuit Judges.


NEWMAN, Circuit Judge.

This appeal presents a novel issue arising in the context of interpreting a court-approved stipulation of settlement between private and governmental parties that is equivalent to a consent decree: do terms of the stipulation that recite provisions of state statutes in force at the time of the stipulation bind the governmental defendants to continue those provisions into the future notwithstanding later changes by a state legislature? This issue...

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