Hamilton v. Williams

147 F.3d 367, 1998 WL 396834
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 16, 1998
Docket97-30486
StatusPublished
Cited by91 cases

This text of 147 F.3d 367 (Hamilton v. Williams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamilton v. Williams, 147 F.3d 367, 1998 WL 396834 (5th Cir. 1998).

Opinions

POLITZ, Chief Judge:

The Hamilton plaintiffs appeal the district court’s order vacating and rescinding consent decrees setting inmate populations and guard-to-prisoner ratios at parish correctional facilities. For the reasons assigned, we dismiss this appeal for lack of jurisdiction.

BACKGROUND

For nearly three decades federal courts have been required to address problems in the operation of the Louisiana prison system. In 1969 a class action, Hamilton v. Schiro,1 was filed in the Eastern District of Louisiana challenging conditions in the New Orleans Parish Prison. In April 1970, the trial court found that the prison conditions were unconstitutional and issued a remedial decree, including a prisoner population cap. Over the years, as new jails were built in Orleans Parish, the plaintiff class was expanded to include prisoners in the other facilities and population caps were set for same.

In 1971, four inmates in the Louisiana State Penitentiary at Angola filed suit in the Middle District of Louisiana, claiming that their conditions of confinement were unconstitutional. This action, Williams v. Edwards, 2 was treated as a de facto class action for both the inmates at Angola and the inmates housed in facilities operated by the State of Louisiana Department of Corrections.3 In April 1975, the district court adopted a Special Master’s report and found that the conditions of confinement violated the Constitution resulting in injunctive relief, including a prisoner population cap. This [369]*369cap ultimately was imposed on all relevant facilities.

Thereafter, the DOC sought, pursuant to court order, the development of a comprehensive plan for bringing the state prison system into full compliance. Incident to that plan, the DOC secured' the cooperation of the Louisiana parishes and cities to house inmates sentenced to state confinement to help alleviate overcrowded conditions in the state prison facilities. As state prisoner numbers increased in local jails, federal actions were filed, complaining of overcrowding. To avoid the spectre of inconsistent decrees, in Hamilton v. Morial,4 we ordered that all federal litigation then pending or subsequently filed against state, parish or local prison facilities, relating directly or indirectly to inmate population issues, be consolidated in the Middle District of Louisiana. Thereafter, officials in charge of the many Louisiana state, parish, and city facilities entered into stipulations and consent decrees specifying, inter alia, population limits and offieer-to-prisoner ratios. Since 1981, these facilities continuously have been under the judicial oversight of Judge Frank J. Polozola of the Middle District of Louisiana, and the population caps and officer-to-prisoner ratios have been revised as conditions warranted.

In March 1994,-the State and the Sheriffs executed an agreement entitled “Basic Jail Guidelines” in their effort to ensure that the prison system in Louisiana would operate consistent with the Constitution and laws of the United States and of the State of Louisiana. On September 26, 1996, a Petition for Order Approving Settlement for Purpose of Terminating Consent Decrees was filed in the court a quo by class counsel for the Williams plaintiffs and counsel for the Governor and the Secretary of the DOC, seeking a final resolution of the litigation between them. The Petition Agreement stated that the Williams parties had agreed to the “dismissal of all consent decrees” for all state, parish, and city facilities housing DOC inmates, except the Louisiana State Penitentiary at Angola and specified juvenile detention facilities, effective April 1, 1997, and they requested the court’s aid in effectuating their agreement. Included with the Petition Agreement was a letter from counsel for the Sheriffs, requesting that all consent decrees pertaining to parish facilities be vacated effective April 1,1997. Following a hearing on September 26, 1996, the court.approved the settlement and entered three orders consistent therewith. For ease of review, copies of these three orders are attached hereto as Exhibits B (state), C (parish), and D (city).

On October 23, 1996, the Hamilton plaintiffs filed a Motion to Reconsider and Vacate Orders of September 26th. The Hamilton plaintiffs contended that the issuance of the September 26th orders violated their fundamental rights to due process because they were not included in the negotiations resulting in the Petition Agreement and Sheriffs’ Order, were not given notice of their filing, were not signatories thereto, and were not present when they were presented to and approved by the court. The Hamilton plaintiffs informed the court that they did not consent to the dismissal of the population cap consent decrees affecting the facilities covered by the Hamilton litigation, and did not authorize counsel for the plaintiffs to act as their counsel or to represent their interest. The State responded by moving dismissal of the Hamilton plaintiffs’ motion because they were not parties to the suit in which the orders, were entered.

The Hamilton plaintiffs responded, contending that they were parties and asking, in ■ the alternative, that they be allowed to intervene. Judge Polozola denied both the State’s motion to dismiss and the Hamilton plaintiffs’ motion to reconsider. The Hamilton plaintiffs appealed this order and Sheriff Charles C. Foti of Orleans Parish moved to dismiss the appeal. We granted that motion.

On April 1, 1997 the district court entered an order finally releasing all state facilities, with the exception of five institutions including the Louisiana State Penitentiary at Angola, from further supervision and reporting requirements and, in doing so, noted that it earlier had released all parish and local facilities from further' supervision and reporting requirements. A copy of that order is at[370]*370tached hereto as Exhibit E.5 On April 30, 1997 the Hamilton plaintiffs filed a notice of appeal from the April 1, 1997 order. The Sheriffs seek dismissal of this appeal. That motion was ordered carried with the case and is thus outstanding.

ANALYSIS

Before addressing the merits of this appeal, we must first determine the threshold issue of our appellate jurisdiction, on our own motion, if necessary. The Sheriffs contend that this appeal involves a non-appealable interlocutory order of the district court. We cannot accept that contention.

The relevant statute, 28 U.S.C. § 1292(a)(1) provides that the courts of appeals shall have jurisdiction of appeals from “[¡Interlocutory orders of the district courts ... granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court.” Consent decrees are “injunctions” within the meaning of section 1292(a)(1).6 It is clear that the Hamilton plaintiffs challenge the order vacating the consent decrees affecting the Orleans Parish facilities. The parties dispute, however, whether the September 26, 1996 order or the April 1, 1997 order is the relevant, dispositive order.

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147 F.3d 367, 1998 WL 396834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-williams-ca5-1998.