14-l-3 Prisoner Release Orders

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

14-L-3. Prisoner Release Orders

The PLRA contains special rules for "prisoner release orders," which it defines as "any order . . . that has the purpose or effect of reducing or limiting the prison population, or that directs the release from or non-admission of prisoners to a prison."⁵⁴⁸ Such orders are permitted only if previous, less intrusive relief has failed to fix the federal law violation in a reasonable time.⁵⁴⁹ In other words, releasing prisoners to correct the violation will not be the first type of relief tried. A release order must be supported by clear and convincing evidence that "crowding is the primary cause of the violation of a Federal right" and no other relief will remedy the violation.⁵⁵⁰ One court has held that these requirements for prison release orders do not apply when the prison is trying to modify an...