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OLMSTED CITIZENS FOR A BETTER COMMUNITY v. UNITED STATES

Civ. No. 4-84-492.

606 F.Supp. 964 (1985)

OLMSTED CITIZENS FOR A BETTER COMMUNITY, a nonprofit Minnesota corporation; John Wheeler, Lowell Fredin and Ralph Lindeen, individually, and the City of Rochester, Plaintiffs, v. UNITED STATES of America; Bureau of Prisons, a bureau of the United States Department of Justice; Norman A. Carlson, Director of the Bureau of Prisons, individually and in his official capacity; Loy S. Hayes, Chief, Office of Facilities Development and Operations, Bureau of Prisons, individually and in his official capacity; State of Minnesota; Olmsted County, and the Olmsted County Board of Commissioners and its members, individually and in their official capacity, Defendants.

United States District Court, D. Minnesota, Fourth Division.

March 20, 1985.

Attorney(s) appearing for the Case

Bruce Faulken and Craig Norman, Ross, Faulken & Rosenblatt, Ltd., St. Paul, Minn., for Olmsted County Citizens for a Better Community and the individually named plaintiffs.

Frederick S. Suhler, Rochester City Atty., Rochester, Minn., for City of Rochester.

James E. Lackner, Asst. U.S. Atty., Minneapolis, Minn., and David Collins, U.S. Dept. of Justice, L. Clayton Smith, Jr., Attorney-Advisor, U.S. Bureau of Prisons, Washington, D.C., for the U.S., the Bureau of Prisons, and individually named defendants.

Robert R. Nardi, Sp. Asst. Atty. Gen., St. Paul, Minn., for State of Minn.

Raymond Schmitz, Olmsted Co. Atty., Rochester, Minn., for Olmsted County and Olmsted County Bd. of Com'rs.

ORDER

DIANA E. MURPHY, District Judge.

Plaintiffs Olmsted County Citizens for a Better Community, individual residents, and the City of Rochester have brought suit seeking to enjoin the Bureau of Prisons' (BOP) reactivation of a portion of the Rochester State Hospital. Plaintiffs allege violations of their constitutional rights and certain federal statutes, executive orders, regulations and procedures. Jurisdiction is alleged pursuant to 28 U.S.C. §...

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