From Casetext: Smarter Legal Research

Cooper v. Noble

United States Court of Appeals, Fifth Circuit
Dec 15, 1994
41 F.3d 212 (5th Cir. 1994)

Opinion

No. 93-7678.

December 15, 1994.

Rebecca Cowan, C.R. Montgomery, Montgomery, Smith-Vaniz McGraw, Jackson, MS, for appellants.

Tara Walker, Lindia Pilcher Robinson, Ronald Reid Welch, Terry Wallace, Jackson, MS, for appellees.

Appeal from the United States District Court for the Southern District of Mississippi.

Before WIENER, EMILIO M. GARZA, and BENAVIDES, Circuit Judges.


We supplement our prior opinion, see Cooper v. Noble, 33 F.3d 540 (5th Cir. 1994), as follows:

The Violent Crime Control and Law Enforcement Act of 1994 ("the Act"), P.L. 103-322, 108 Stat. 1796, effective September 13, 1994, provides for periodic reopening "at the behest of a defendant" of court orders or consent decrees seeking to remedy prison or jail crowding that violates the Eighth Amendment. Id. § 20409(a) (codified at 18 U.S.C. § 3626(c)). The Act applies to all outstanding court orders on the date of its enactment. Id. § 20409(b).

No issue pertaining to the Act was brought before us; the defendants did not, pursuant to the Act, request a reopening; and, finally, the District Court proceedings reviewed in this appeal were conducted prior to September 13, 1994. Accordingly, the provisions of the Act are not applicable to our determination of the instant appeal.


Summaries of

Cooper v. Noble

United States Court of Appeals, Fifth Circuit
Dec 15, 1994
41 F.3d 212 (5th Cir. 1994)
Case details for

Cooper v. Noble

Case Details

Full title:JAMES COOPER, ET AL., PLAINTIFFS-APPELLEES, v. W.B. "BILLY" NOBLE, SHERIFF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 15, 1994

Citations

41 F.3d 212 (5th Cir. 1994)

Citing Cases

McClendon v. City of Albuquerque

Id. See generally Cooper v. Noble, 33 F.3d 540, 544-45, supplemented, 41 F.3d 212 (5th Cir. 1994); Diaz v.…

Cooper v. Pentecost

On appeal, this court affirmed the magistrate judge's denial of Madison County's Rule 60(b) motion and the…