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PEOPLE v. BIBB

No. 12064.

252 F.2d 217 (1958)

The PEOPLE of the United States of America ex rel. Earl Henry TURNBAUGH, Petitioner-Appellant, v. Joseph D. BIBB, Director of Department of Public Safety; Ross V. Randolph, Warden, Illinois State Penitentiary, Menard, Illinois; Grove B. Smith, Psychiatrist, Menard, Illinois, Respondents-Appellees.

United States Court of Appeals Seventh Circuit.

February 18, 1958.

Attorney(s) appearing for the Case

Richard James Stevens, Chicago, Ill., for appellant.

Latham Castle, Atty. Gen., Theodore G. Maheras, William C. Wines, Asst. Attys. Gen., of counsel, for appellees.

Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit Judges.

DUFFY, Chief Judge.

Petitioner, now confined in the Illinois State Penitentiary at Menard, Illinois, as a criminal sexual psychopath under Chapter 38, §§ 820-825, Illinois Revised Statutes, instituted this action in the District Court under the Civil Rights Statute, Title 42 U.S.C.A. § 1983.

Petitioner prays for the issuance of a writ of injunction ordering his release from further confinement. He charges that his confinement deprives him of...

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