questions now if you don't give me just a moment i check and see if i did i have one question i have been trying to find a way to act i think that you are the prevailing party i'm sorry i think that you are the prevailing if it's a prisoner who's confined it doesn't matter whether he's suing about prison conditions or something else and because they think he in any action in actions relating to prison conditions condition for example being beaten up in a jail by a guard or by another prisoner which was heavier i'll check that i'll certainly check your citation and if that solves the problem and solve it and if it doesn't tell me how to read the language i'm trying to figure out a way to read the words consistently with your position i'm having trouble so just tell me how to do it i can only add further to the why case in the language in there and involved in an automobile accident for they went to jail the way that you're suggesting that it might be right who would mean that the condition of confinement would trump or negate the ability to bring the action simply and only by virtue of the condition of confinement that's not the way that works as far as i understand it there's got to be the second part of it read that it doesn't make much sense if it were interpreted that way what i'm looking for is the way t cases and that that their lawyers are even worse and we're just going to make it very difficult for them that's what happened if you go question about that they were being a pain in that and congress wanted to the extent  language the one he had in it an implied condition that any action with respect to something that happened in prison that is to say not with respect to something that might have happened a year attorney's fees in your case because i can find it with respect to something that happened in this case and maybe prison conditions in this case but the problem is prison conditions is defined elsewhere in the making your own summary judgment motion and then say i need more time for discovery of what i've had enough i thought so when my motion the issue of the other one was moot so i didn't have enough discovery and that is that wasn't raised until there was the one does not apply at all if it applies you're not claiming an exception you're just claiming that it doesn't apply in force to him because that's the way i read it i would like to be able to continual compliance with the program unary injunction even though the program unary injunction is no longer in effect and arguably under breath you would be entitled to a different result well you under talk or your client undertook and this was the basis for the most holding by judge progress on the injunction was no longer necessary because all of the terms of the injunction were being complied with and would be complied with injunction and states that it has no intention of instituting any future policy that would be prohibited by the program unary injunction the court price if there is no reasonable likelihood that the conduct in joining by the court in the injunction will recur that's why i phrased my question the way that i did earlier and i recall this language and what it sounds to me like is you can assure us that the procedures have been changed and the old procedure will not be returned to you really don't know whether the defendant can maintain an assurance after brass that it will continue to comply with the preliminary injunction well come back to the jail and hold them for up to a day and a half while we see if there are any yeah detainers on the very thing that and as of the end of the lawsuit and also as of the it is maybe we could do it and that the answer is even if we could there's no reason we would at this point that's exactly that's my that's my point and can we talk about turning s that's what i would like to talk about here maybe what's your argument as to why the prison litigation reform act first of all covers the issue of attorney's fees in this case ok was aware that prisoners as compared to other people in the population have more time on their hands there's a lot more litigation that comes out of the prisons than outside the pri which is what they're aimed at how would you respond to judge gregersen hold on that point cruel and unusual punishment is substantially cost sensitive with prison conditions i don't know but all i can tell you is the syrup arms that is an issue they needed to analyze they simply assume that the law right applied and big question and i think that really depends on what point in time of talking about rats for example recognize that the county jail is entitled to and it not only first of all i apologize again it's like you already humiliated by what i heard and i haven't focused on it yet but i am trying and parish and i apologize again i way i think but i'm sure it can he will try to expand it through a guy who claimed he should be first the line to get released because he had an order released by the court but i think that this court