Marciano Plata v. Edmund Brown, Jr.

Opinion by Judge SCHROEDER; Dissent by Judge BYBEE.

*1072OPINION

SCHROEDER, Circuit Judge:

We deal with still another phase of litigation aimed at curing egregious constitutional violations in the operation of the California prison system. The Supreme Court in 2011 said the violations “remain uncorrected” after having “persisted for years.” Brown v. Plata, — U.S. -, 131 S.Ct. 1910, 1922, 179 L.Ed.2d 969 (2011). The Court there affirmed a three judge district court order releasing prisoners in accordance with the strictures of the Prison Litigation Reform Act (“PLRA”).

California prisons have been…