DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

072102P.pdf   11/21/2008  Howard Hines  v.  Wendell Anderson
   U.S. Court of Appeals Case No:  07-2102
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with Beam and Bye, Circuit Judges]
Prisoner case - prisoner civil rights. Consent decree governing prison medical care was not a final judgment and did not create a property right for inmates which would entitle them under the due process clause to further discovery or a pretermination hearing in proceedings to terminate the decree; PLRA does not require a pretermination investigation and evidentiary hearing; record supported the court's decision to terminate the decree because the evidence did not support a finding that there was current and ongoing deliberate disregard of the inmates' serious medical needs, and, in the absence of evidence supporting a constitutional violation, the court had no basis to make the findings the PLRA requires as a condition precedent to the maintenance of the decree; district court's further finding that the decree was not narrowly tailored or the least intrusive means needed to protect the inmates' Eighth Amendment rights was not erroneous.