(DOWNLOAD) "Stewart v. Winter" by Fifth Circuit United States Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Stewart v. Winter
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 05, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Plaintiffs, 18 past or present inmates in county jails in Mississippi, brought this action against various Mississippi state and county officials. They sought to represent a class of all persons who have been or will be incarcerated in the county jails of any of the 82 counties in Mississippi against a class of defendants including all state and county officials in any way responsible for maintaining or overseeing the conditions in the jails. After granting defendants motion to stay discovery pending resolution of the class certification issues, the district court denied certification of both the plaintiff and defendant classes, and it dismissed this action without prejudice. 87 F.R.D. 760 (N.D.Miss.1980). The central question on appeal is whether the district court erred in denying certification to the plaintiff class and thereby refusing to adjudicate in the one suit the constitutional problems and remedies for every county jail in the State of Mississippi. While we conclude that several of the grounds the district court relied on in denying class certification were erroneous, we hold that the court did not abuse its discretion in refusing to certify the plaintiff class.