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SMITH v. COUGHLIN

No. 1156, Docket 84-2015.

748 F.2d 783 (1984)

Lemuel SMITH, Plaintiff-Appellant, v. Thomas A. COUGHLIN, III, Commissioner of the New York State Department of Correctional Services; and Charles J. Scully, Superintendent of Green Haven Correctional Facility, individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 16, 1984.

Attorney(s) appearing for the Case

Mark B. Gombiner, New York City (Mark B. Gombiner, Robert H. Gombiner, William M. Kunstler, Kunstler & Mason, New York City, of counsel), for plaintiff-appellant.

Tarquin Jay Bromley, New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Barbara B. Butler, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before OAKES, VAN GRAAFEILAND and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

In this appeal, prisoner Lemuel Smith challenges his confinement to a special Unit of Condemned Persons in a New York State correctional facility and the various concurrent restrictions imposed on him as a result of this confinement. We agree with the district court (1) that restrictions on visits by non-lawyers in the employ of his attorney violated appellant's constitutional rights and (2) that appellant's confinement and the limitations imposed...

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