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United States v. State

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 19, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THE STATE OF NEW YORK AND THE NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, DEFENDANTS.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER ENTERING SETTLEMENT AGREEMENT

On July 14, 2010, the United States filed this action. See Dkt. No. 1. On the same date, the parties filed a joint motion to enter settlement agreement. See Dkt. No. 3.

The United States and the State of New York and the New York State Office of Children and Family Services have determined that entering into a Settlement Agreement and Order ("Settlement Agreement") concerning the conditions of confinement at the Finger Lakes Residential Center, the Lansing Residential Center, the Tryon Residential Center, and the Tryon Girls Center, which all of the parties executed on or before July 14, 2010, rather than contested litigation, is the best way to resolve the United States' claims in this matter.

After reviewing the Settlement Agreement, the Court finds that the Settlement Agreement satisfies all of the requirements of the Prison Litigation Reform Act, 18 U.S.C. § 3626(a)(1)(A), and that the prospective relief in the Settlement Agreement is narrowly drawn and extends no further than necessary.

Accordingly, the Court hereby

ORDERS that the parties' Joint Motion for Entry of the Settlement Agreement and Order is GRANTED; and the Court further

ORDERS that the Settlement Agreement shall be entered as an Order of the Court; and the Court further

ORDERS that, as noted above, the Settlement Agreement satisfies the requirements of the Prison Litigation Reform Act, 18 U.S.C. § 3626(a)(1)(A); and the Court further

ORDERS that the Court shall retain jurisdiction over this case consistent with the terms of the Settlement Agreement until the case is dismissed; and the Court further

ORDERS that the Court shall have the power to enforce the Settlement Agreement through all remedies that the law permits.

IT IS SO ORDERED.

20100719

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