· 8/4/2000
Robert O. Gilmore, Jr., and Inmates of San Quentin State Prison, United States of America, Intervenor v. People of the State of California
Citations
- 220 F.3d 987
- 2000 Daily Journal DAR 8629
- 2000 Cal. Daily Op. Serv. 6491
- 2000 U.S. App. LEXIS 18697
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court erred by not “plac[ing] the burden on the state to show that the 1972 Order exceeded the constitutional minimum”
- holding that under federal Prison Litigation Reform Act, courts cannot order prison administrators “to do more than the constitutional minimum”
- stating that modification of a consent decree “is warranted if there is a ‘significant change either in factual conditions or in law.’”
- finding that the language of the statute “deviates from common usage.”
- explaining that, although a consent decree ordinarily is a final judgment, under the PLRA a consent decree has a different meaning; the statute defines “consent decree” to include any relief ordered by the court that incorporates, even in part, the parties’ agreement
- “Thus, any prospective relief becomes terminable, at the latest, two years after its imposi tion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bright, Fletcher, Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.