Legal Opinion

Benjamin v. Jacobson

District Court, S.D. New York

Decided July 23, 1996No. 75 Civ. 3073 (HB)PublishedCited by 26 opinions

1Opinion of the Court

OPINION AND ORDER

BAER, District Judge:

Defendants have moved for immediate termination of the Consent Decrees and all supplemental orders entered in this action and the six related cases that are encompassed herein 1 based on the recently enacted Prison Litigation Reform Act of 1995 (“PLRA” or “the Act”), Pub.L. No. 104-134, 110 Stat. 1321, §§ 801-810 (Apr. 26, 1996). Plaintiffs oppose the motion on the basis that the Act is superseded by the Federal Rules of Civil Procedure and is unconstitutional. 2 Although the Court’s concerns with this new legislation are myriad, I am constrained under…

2Cases cited73 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Lewis v. CaseySupreme Court of the United States · 1996
  3. Marbury v. MadisonSupreme Court of the United States · 1803
  4. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  5. Griffith v. KentuckySupreme Court of the United States · 1987

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3Cited by26 opinions

  1. James Benjamin v. William J. Fraser, Commissioner of the Department of Correction of the City of New YorkCourt of Appeals for the Second Circuit · 2001
  2. Royal v. KautzkyCourt of Appeals for the Eighth Circuit · 2004
  3. Garrett v. HawkCourt of Appeals for the Tenth Circuit · 1997
  4. James Benjamin v. Michael Jacobson, Commissioner of the Department of Correction of the City of New YorkCourt of Appeals for the Second Circuit · 1999
  5. James Benjamin v. Michael Jacobson, Commissioner of the Department of Correction of the City of New YorkCourt of Appeals for the Second Circuit · 1997

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