Walter D. Balla v. Idaho State Board of Corrections, Walter D. Balla v. Idaho State Board of Corrections

Good Law
869 F.2d 461·13 Fed. R. Serv. 3d 646·1989 U.S. App. LEXIS 2512
United States Court of Appeals for the Ninth CircuitMarch 3, 198918-55957California6,437 words

Opinion

Opinion

Wallace, J.

In these consolidated appeals, Balia and a class of prisoners (prisoners) incarcerated in Idaho appeal from the denial of their motions for contempt and for reconsideration. The prisoners contend that the district court (1) employed the wrong order as a benchmark against which to judge the compliance of the Idaho State Board of Corrections (Board) for purposes of their contempt motion, (2) erroneously denied their motion for contempt, and (3) erroneously denied their motion to reconsider. In its cross-appeal, the Board challenges the district court’s refusal to grant an extension of time to comply with a court-ordered population cap. The Board also contests the district court’s legal conclusion that Idaho Code § 20-223 requires the state to provide a treatment program for sex offenders. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s denial of the prisoners’ motions for contempt and for reconsideration. We also affirm the district court’s refusal to grant an extension of time to the Board. We reverse the district court’s conclusion that Idaho Code § 20-223 requires a treatment program.

I

In 1981, the prisoners brought this action pursuant to 42…

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