Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:78-cv-00014- _: I• ··-· ..-- - `e- 6* · in age o
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
DAVID PRESTON, et al., )
Plaintiffs, g
) C.A. No. 74-179
v. )
) .
PAUL KEVE, et al., )
__ Defendants. g
ORDER Q
On this fiday of August, 1999, the Court having considered the Motion and Brief of
`Petitioner for Relief from the Consent Decree in this matter, Ends the following;
(1) That the Consent Decree has been in eifect since 1976;
n (2) That-under the ruling of lgpgsoned Citizens Union v, Ridge, 169 F.3d 178 (1999), the
Prison Litigation Reform Act, 110 Stat. 1321-66, codified at 18 U.S.C. §3 626, a District court must in
terminate prospective reliefin any civil action with respect to prison conditions if it was approved
or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no
iitrther than necessary to correct the violation of the Federal right,-and is the least intrusive means
necessary to correct the violation ofthe right. 18 U.S.C. §3 626(b)(2);
(3) That no such concomitant finding was embodied in the 1976 Consent Decree;
(4) That the Respondents have made no allegation of an ongoing violation of a federally
protected right; and
_ __ (5) That the Respondents have acceded as a matter of law to Petitioner’s Motion, and
(6) That the Court has reviewed the factual record and found that no further relief is

Case 1:78-cv-00014-SLR

Document 253-5

Filed 02/14/2006

Page 1 of 2

Case 1:78-cv-00014-SLR

Document 253-5

Filed 02/14/2006

Page 2 of 2