Jane Doe v. Todd Blanche
Split Score
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Case Summary
Disposition
Vacated
Eighteen transgender women in federal custody sued to stop their transfer from women’s to men’s prisons, alleging that such transfers would subject them to unconstitutional risks under the Eighth Amendment. The 12th Circuit (D.C. Circuit in the opinion) held that the district court’s record did not justify the broad preliminary injunctions, vacated the remaining injunctions, and remanded for further proceedings, while dismissing appeals from already-expired injunctions as moot.
Circuit Split Identified
Legal Issue
Whether 18 U.S.C. § 3626(a)(2) of the Prison Litigation Reform Act allows a district court to issue successive (renewed) preliminary injunctions beyond the statute’s 90-day limit without converting the relief into final prospective relief.
Circuit Positions
Section 3626(a)(2) allows courts to re-issue or extend preliminary injunctions after 90 days (rolling injunctions are permissible).
Section 3626(a)(2) forbids successive preliminary injunctions; preliminary relief must become final or lapse after 90 days.
Declined to decide the issue on waiver grounds (but permitted renewed injunctions in the case at hand).
Conflict Summary
Most circuits that have addressed the question permit district courts to renew or re-enter preliminary injunctions every 90 days so long as the statutory findings are made, effectively allowing rolling injunctions. The Eleventh Circuit has taken the opposite view, concluding that § 3626(a)(2) strictly bars successive preliminary injunctions and that a court must instead move to final merits relief within 90 days.