96 Cal. Daily Op. Serv. 7837, 96 Daily Journal D.A.R. 12,977 Evan Arthur Hook v. State of Arizona

The Arizona Department of Corrections (Department) moved in the district court to modify a consent decree to delete a provision which allowed state prisoners to receive three twenty-five pound packages each year during the December holiday season (holiday packages). The prisoners opposed this motion and moved to modify the decree to change the title of the list of people authorized to send holiday packages, and to permit inmates to possess and use “hot pots” in their cells to heat and cook food items.

The district court denied the Department’s motion and granted the prisoners’ motion. The court also appointed a special master to monitor compliance with the holiday package program.

The Department appeals. We have jurisdiction under 28 U.S.C. § 1292 (a)(1) and we reverse. We conclude the Department established that there had been a substantial change of circumstances warranting its requested modification of the consent decree to eliminate the holiday package provision. With regard to the prisoners’ motion, we conclude there was no showing that maintenance of hot pots by the prisoners in their cells was intended to be part of the original decree, or that circumstances warranted the…