Hook

Hook v. Arizona Department of Corrections

Good Law
107 F.3d 1397·1997 WL 80841
United States Court of Appeals for the Ninth CircuitFebruary 27, 1997Nos. 95-17317, 96-15642California3,656 words

Opinion

Lead Opinion

Thompson, J.

In each of four prisoner civil rights actions, the district court entered a consent decree or an injunction and appointed a special master to monitor compliance with the decree and injunctions. Thereafter, the Arizona Legislature enacted Arizona Revised Statute Section 35-152. This statute prohibits the payment of fees and expenses incurred by a special master appointed by a federal court, unless the state legislature appropriates funds for such payment.

The defendants moved to modify the consent decree and injunctions to eliminate the requirement of a special master. The district court denied the motion and held the director of the Arizona Department of Corrections (Department), Samuel Lewis, in contempt of court for failing to pay the special masters’ court ordered fees and expenses.

The defendants appeal the district court’s order denying their modification motion and the court’s order holding Lewis in contempt. They contend newly enacted section 35-152 required the district court to grant their modification motion and excused their failure to pay the special masters’ fees and expenses.

As discussed more thoroughly below, we have jurisdiction over this appeal pursuant to 28…

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