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United States Ninth Circuit


Kelly v. Wengler, 13-35972

In a putative class action brought under 42 U.S.C. section 1983, alleging that defendants staffed the Idaho Corrections Center with an inadequate number of security guards, in deliberate indifference to the health and safety of prisoners, the district court's contempt order and its order awarding plaintiffs attorney's fees, after finding that defendants violated the settlement agreement, are affirmed where: 1) defendants' non-compliance with the settlement agreement justified a finding of contempt; and 2) the Prison Litigation Reform Act allows enhancement of the lodestar figure in appropriate circumstances.

Appellate Information

  • Published 2016/05/23

Judges

  • FLETCHER

Court

  • United States Ninth Circuit

Counsel

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