En Banc Fifth Circuit Faces Jurisdiction Question in Prison Case

The en banc Fifth Circuit faced a question over whether it can hear an appeal of a court order finding unconstitutional conditions at a Louisiana state prison.

Chief Judge Shelly Dick of the Middle District of Louisiana handed down findings over conditions at the Louisiana State Penitentiary after two trials, one on liability and the other on remedies. But she hadn’t ordered final remedies when Louisiana appealed her ruling.

Louisiana Solicitor General Ben Aguiñaga argued that Dick’s order was final and appealable, because it required the state to start taking certain actions like working with the three special masters who ...