Taylor

Taylor v. United States

Bad Law
143 F.3d 1178·1998 WL 214578
United States Court of Appeals for the Ninth CircuitMay 4, 1998Nos. 97-16069, 97-16071California4,171 words

Opinion

Lead Opinion

Restani, J.

This is an appeal from an order of the district court denying a motion to terminate a consent decree affecting prison conditions and finding a provision of the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, § 802 , 110 Stat. 1321 , 1321-65 (1996) (codified as 18 U.S.C.A. § 3626 (b)(2) (West.Supp. 1998)) (“PLRA” or “the Act”), unconstitutional. That provision mandates immediate termination of previously granted prospective relief, if the relief was granted in the absence of newly-required findings. Id Because the relief at issue here resulted from an agreement of the parties, no findings of fact and conclusions of law were issued at the time relief was granted, and no record was made from which such findings or conclusions could be drawn. We affirm.

I. BACKGROUND

In 1972, two inmates of the Arizona State Prison System filed class action complaints against defendants. The consolidated amended complaint asserted the defendants had violated the First, Eighth, and Fourteenth Amendments by adopting and enforcing unconstitutional disciplinary rules; denying prisoners procedural due process; unlawfully depriving prisoners of good time credits; and subjecting prisoners who…

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