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AUSTIN v. WILKINSON

Nos. 02-3429, 02-3816.

372 F.3d 346 (2004)

Charles E. AUSTIN et al., Plaintiffs-Appellees, v. Reginald WILKINSON et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2004.

Attorney(s) appearing for the Case

Jules Lobel, Center for Constitutional Rights (argued and briefed), Pittsburgh, PA, Raymond Vasvari (briefed), American Civil Liberties Union of Ohio Foundation, Cleveland, OH, Alice Lynd (briefed), Nile, OH, for Appellees.

Todd R. Marti (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Appellants.

Before MOORE and ROGERS, Circuit Judges; FORESTER, Chief District Judge.

MOORE, J., delivered the opinion of the court, in which FORESTER, D.J., joined. ROGERS, J. (pp. 360-365), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MOORE, Circuit Judge.

Plaintiffs-Appellees Charles E. Austin et al.,1 ("Inmates") all inmates at the Ohio State Penitentiary ("OSP") in Youngstown, Ohio, filed this § 1983 suit as a class...

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