Inmates of the Allegheny County Jail v. Wecht
Opinion of the Court
OPINION OF THE COURT
This case is before us on remand from the United States Supreme Court, - U.S. -, 110 S.Ct. 355, 107 L.Ed.2d 343. When it was previously here we affirmed the district court order directing the defendants to close the Allegheny County Jail, but dismissed as interlocutory the appeal
We are now advised that on July 7, after our judgment but before the Supreme court granted certiorari, the parties entered into a stipulation under which Allegheny County is relieved of the obligation to build a new jail if it significantly improves the old one. That stipulation was entered by the district court as an order. Thus, it appears that the stipulation renders moot the parties’ dispute over the power of the district court to order the closing of the old jail, since it effectively supersedes the order which we affirmed.
It is, therefore, ordered that the case shall be remanded to the district court with a direction that so much of the order appealed from which ordered the closing of the Allegheny County Jail will be vacated on the ground that the July 7, 1989 stipulation has rendered that part of the order moot.
Reference
- Full Case Name
- INMATES OF the ALLEGHENY COUNTY JAIL, Thomas Price Bey, Arthur Goslee, Robert Maloney, and Calvin Milligan, on their own behalf and on behalf of all others similarly situated v. Cyril H. WECHT, President of the Allegheny County Board of Prison Inspectors, and other members of the Board Thomas Foerster and William H. Hunt, Commissioners for Allegheny County William H.J. Lucchino, Controller for Allegheny County The Honorable Patrick R. Tamilia, Michael J. O'Malley, and Marion K. Finkelhor, Judges, Court of Common Pleas of Allegheny County Richard S. Caliguiri, Mayor of the City of Pittsburgh Harriet McCray Msgr. Charles Owen Rice, and Charles Kozakiewicz, Warden of the Allegheny County Jail William B. Robinson, Executive Director of Prison Inspectors and Cyril Wecht, Thomas Foerster and William H. Hunt, as Commissioners of Allegheny County v. The COMMONWEALTH OF PENNSYLVANIA The Commonwealth of Pennsylvania, Department of Corrections David S. Owens, Jr., Commissioner, Department of Corrections, and Erskind Deramus, Deputy Commissioner, Department of Corrections
- Cited By
- 1 case
- Status
- Published