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PLRA Consent Decree Termination Provision Unconstitutional
Loaded on April 15, 1997
published in Prison Legal News
April, 1997, page 8
A federal district court in Michigan held that provisions of the Prison Litigation Reform Act (PLRA) calling for the immediate termination of consent decrees where no findings of constitutional violations were made by the court, was unconstitutional on several grounds. The PLRA created 18 U.S.C. § 3626(b)(2) whereby a prison …
Filed under:
Conditions of Confinement,
Totality of Conditions,
Consent Decrees (PLRA),
Consent Decrees.
Location:
Michigan.
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More from this issue:
- US Supreme Court: Florida Gain Time Statute Violates Ex Post Facto, by Paul Wright
- California EFV Injunction Reversed
- California Slashes Family Visits, by Willie Wisely
- From the Editor, by Paul Wright
- Law's Nature, by Mumia Abu-Jamal
- A Matter of Fact
- PLRA Consent Decree Termination Provision Unconstitutional
- Reversal of Frivolous Dismissal Voids PLRA Strike
- PLRA Applied to Attorney Fees
- Prisoners Retain Right to Safety
- Philadelphia Fined for Degrading City Prisons
- Racial Violence in California Lockups, by Willie Wisely
- Florida Private Prison Criticized, by Dan Pens
- Impregnated Arkansas Prisoner Wins Suit
- No Double Jeopardy in Massachusetts Disciplinary Hearings
- Inadequate Jail Staffing Violates Due Process
- Ohio Jail Construction Corruption?
- No Immunity for Eighth Amendment Violation in Rectal Search
- Beating and Strip Cell Require Trial
- Farmer Remanded Again, for Discovery
- Connecticut Supreme Court Upholds Phone and Mail Restrictions
- Drug Sales Boom in Wisconsin Prisons
- Virginia Felons Disenfranchised
- A Native American Resource
- Ex-Sheriff Sex Offender Retains Pension
- FJC Prisoner Litigation Guide
- Louisiana Jail Abuse Settlement
- Texas Lawyers Unhappy About Conscription
- ABA Calls for Halt to Executions
- CBCC Associate Superintendent Resigns
- Copying Claims Not Barred by Res Judicata
- News in Brief
- Double Celling States Eighth Amendment Claim
- Seventh Circuit Analyzes RFRA
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- New Hampshire Officials Halt $700 Million Prison Replacement, May 1, 2026. Cost of Prison Systems, Totality of Conditions, Plumbing, Sanitation, Vermin.
- Pennsylvania Closes Its Second-Oldest Prison, May 1, 2026. Cost of Prison Systems, Totality of Conditions, Boot Camps, Plumbing, Reduction of Prison Population.
- Oklahoma DOC Paid Prison Guards $35.5 Million in Overtime in 2025, May 1, 2026. DOC/BOP misconduct, Cost of Prison Systems, Totality of Conditions, Staffing, Staff Training.
- Monitor Says Massachusetts Prisons Will Not Meet Settlement Deadline for Mental Health Reforms, May 1, 2026. Private Prisons, DOC/BOP misconduct, Consent Decrees, Failure to Treat (Mental Illness), Suicides.
- Trump Wants $152 Million to Turn Alcatraz Back Into a Prison, May 1, 2026. Cost of Prison Systems, Totality of Conditions, Federal Legislation, Bureau of Prisons (BOP).
- Connecticut Correction Ombuds Finds DOC in “Sustained Institutional Failure”, May 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Totality of Conditions, Lockdowns, Prisoner Legal Assistance.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- The Cells Inside ‘One of the Most Archaic Prisons in the United States’, April 1, 2026. Totality of Conditions, Plumbing, Sewage, Shelter, Vermin.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.

