United States Ninth Circuit

In a class action challenge deficiencies in prison medical care that allegedly violated the Eighth Amendment and the Americans with Disabilities Act, the district court's order appointing a receiver is affirmed where: 1) the Prison Litigation Reform Act did not deprive the district court of its equitable power to appoint a receiver in prison litigation; 2) the district court correctly found that a receivership was the least intrusive means of remedying constitutional violations in prisoner health care; and 3) the court lacked jurisdiction to review the district court's refusal to terminate the receiver's construction plan.

Appellate Information

• Decided 04/30/2010
• Published 04/30/2010

Judges

• Before MARY M. SCHROEDER, WILLIAM C. CANBY, JR. and MICHAEL DALY HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• George C. Harris, Morrison & Foerster LLP, San Francisco, CA, for the receiver.


• For Appellees:
  
• Rebekah Evenson, Prison Law Office, Berkeley, CA, for the plaintiffs-appellees., Paul B. Mello, Hanson Bridgett LLP, San Francisco, CA, for the defendants-appellants.