Court Terminates 1975 Minnesota Disciplinary Hearing Consent Decree
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The court terminates 1975 consent judgment concerning disciplinary due process At 1007: A "Federal right" does not include rights established by consent decrees There is no evidence of current or ongoing violations Plaintiffs suggested that further investigation might uncover some, but there have been no violations of record in the history of the decree Pending contempt motions that only allege decree violations and not independent constitutional violations do not meet the PLRA standard The court declines to allow "additional discovery" without indicating what discovery may have been had At 1007: "While the Court is empowered to conduct those proceedings which would be necessary to assure the absence of 'current and ongoing' violations, the Plaintiffs have offered no showing that those violations have been present, but have escaped their notice for a quarter of a century" See: Harvey v. Schoen, 51 F.Supp.2d 1001 (D.Minn. 1999).