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.