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NATIONAL JUVENILE LAW CTR., INC. v. REGNERY
May 26, 1983
NATIONAL JUVENILE LAW CENTER, INC., et al., Plaintiffs,
ALFRED S. REGNERY, et al., Defendants
The opinion of the court was delivered by: GREEN
Upon consideration of the matters adduced at the hearing on the merits of this case and the materials filed by the parties, consistent with the Memorandum Opinion and the Injunction entered in this case this date the Court hereby orders the following:
1. The injunctive relief requested by plaintiffs in their complaint, i.e., that defendants be permanently enjoined from withholding funding from plaintiff National Juvenile Law Center, Inc. in sufficient amounts to permit it to maintain and complete pending litigation brought pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, 42 U.S.C. § 5601 et seq., shall be granted by the Court, except that the relief awarded at this time is provided only pending administrative action upon and review in the United States Court of Appeals of plaintiff's application to defendants for continued funding.
2. Requests for specific amounts of funding, consistent with the provisions of the Memorandum Opinion and the Injunction accompanying this Order, shall be submitted by plaintiff National Juvenile Law Center, Inc. to the Court for approval. Any response that defendants may have as to the reasonableness of such requests must be submitted to the Court within 10 days of the filing of plaintiff's requests.
3. To avoid undue administrative burden upon the Court and the parties, the Court requires that funding requests be submitted no more frequently than each three months and pertain to an equal period of time.
4. Defendants' motion to dismiss or for summary judgment shall be and hereby is denied.
5. Should plaintiff National Juvenile Law Center, Inc. ultimately be unsuccessful in its application for continuation funding from defendants, through the administrative process and review in the United States Court of Appeals, plaintiffs may move to modify this Court's Injunction to provide for additional interim funding, if appropriate.
6. The Court is willing to entertain any stipulation or consent judgment into which the parties should wish to enter in light of the Court's decision.
7. This cause stands closed.
In accordance with the terms of the Memorandum Opinion and the Order entered in this case this date, defendants, Alfred S. Regnery and the Office of Juvenile Justice and Delinquency Prevention, shall be and hereby are enjoined from withholding reasonable funding from plaintiff National Juvenile Law Center, Inc. in sufficient amounts to permit it to maintain and complete pending litigation in the herein-enumerated civil actions brought pursuant to the Juvenile Justice and Delinquency Act of 1974, 42 U.S.C. § 5601 et seq. This Injunction shall remain effective until such time as a final decision, through the administrative process and review in the United States Court of Appeals, is reached upon the application of plaintiff National Juvenile Law Center, Inc. for continuation funding from defendant Office of Juvenile and Delinquency Prevention, filed in January 1983. This Injunction pertains to the funding of the following civil actions:
Santana v. Collazo, No. 75-1187 (D.P.R.)
Cruz v. Collazo, No. 77-830 (D.P.R.)
Benitez v. Collazo, No. 77-2262 (D.P.R.)
Napier v. Cornett, No. 79-255 (E.D. Ky.)
Allsup v. Knox, No. 79-830 (E.D. Ky.)
Hensley v. Broughton, No. 80-32 (E.D. Ky.)
Coleman v. Zimmerman, No. 81-2215 ...
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