Case Citator › Hallett v. Morgan

Hallett v. Morgan

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Ninth Circuit
Citation
296 F.3d 732
Decided
Confirmed treatments
1
Flagged citations read
182 of 182
Citing cases (total)
1,381
Treatment dates
2019
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. Hallett v. Morgan remains binding in the Ninth Circuit, but the Fourth Circuit declined to follow its reading of the Prison Litigation Reform Act on initial prospective relief, as listed below. All 182 flagged citations have been read.
More on how this was screened

The other opinions largely applied Hallett's rules on prison medical care and discovery. Thomas v. Bryant found Hallett's discussion of terminating existing relief inapposite to an initial award of relief; it did not reject that discussion in its own setting.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

1,381 later cases cite Hallett v. Morgan; 182 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Hallett v. Morgan?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Declined to follow

  • The Fourth Circuit declined to follow Hallett's view that an initial award of prospective relief requires a current and ongoing violation under the Prison Litigation Reform Act.

    Porter v. Clarke · Fourth Circuit · filed

    Although we have great respect for the Ninth Circuit’s opinion in Hallett, we are not persuaded to follow it. Specifically, Hallett’s reference to “current and ongoing” violation—a phrase that does not appear in the text of Section 3626(a)(1)—appears to derive from Section 3626(b)(3), which provides that “[p]rospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current and ongoing violation of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation.”
    Read the full opinion on CourtListener →

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