Michigan Laws 600.5517 – Prospective relief; conditions; limitation
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(1) The court shall not grant or approve any prospective relief in a civil action concerning prison conditions unless the court finds that the relief is narrowly drawn, extends no further than necessary to correct the violation of the right, and is the least intrusive means necessary to correct the violation of the right. The court shall give substantial weight to any adverse effect on public safety or the operation of the criminal justice system caused by the relief.
(2) A court shall not order prospective relief that requires or permits a government official to exceed his or her authority under state or local law or otherwise violates local law, unless all of the following conditions exist:
Terms Used In Michigan Laws 600.5517
- Civil action concerning prison conditions: means any civil proceeding seeking damages or equitable relief arising with respect to any conditions of confinement or the effects of an act or omission of government officials, employees, or agents in the performance of their duties, but does not include proceedings challenging the fact or duration of confinement in prison, or parole appeals or major misconduct appeals under section 34 or section 55 of 1953 PA 232, MCL 791. See Michigan Laws 600.5531
- Prison: means a facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of state or local law. See Michigan Laws 600.5531
- Prospective relief: means all relief other than monetary damages. See Michigan Laws 600.5531
- Relief: means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements. See Michigan Laws 600.5531
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(a) State law permits the relief to be ordered in violation of local law.
(b) The relief is necessary to correct the violation of a right under state or local law.
(c) No other relief will correct the violation of the right.
(3) This section does not authorize a court, in exercising its remedial powers, to order the construction of prisons or the raising of taxes, or to repeal or detract from otherwise applicable limitations on the remedial powers of the court.