MORRIS v. SCHOONFIELD

Civ. No. 19703.

310 F.Supp. 554 (1969)

Phillip MORRIS, Diego Cordova Cesario (also known as Diego Cordova), Joseph J. Dingle, Calvin Scott Coles, Charles Thomas, Dale K. Quimby v. Hiram SCHOONFIELD, Warden, Baltimore City Jail, and State of Maryland.

United States District Court, D. Maryland.

January 29, 1969.


Attorney(s) appearing for the Case

Robert G. Fisher, Elsbeth Levy Bothe, Stuart H. Rome and William H. Zinman, Baltimore, Md., for plaintiffs.

Francis B. Burch, Atty. Gen. of Maryland, Alfred J. O'Ferrall, III, Asst. Atty. Gen. for the State of Maryland, George L. Russell, Jr., City Sol. of Baltimore City and Roger B. Duncan, Asst. City Sol., Baltimore, Md., for Baltimore City Jail.

Before WINTER, Circuit Judge, and THOMSEN and HARVEY, District Judges.


THOMSEN, District Judge.

This is the second attack which plaintiffs' counsel have mounted against Article 38, Sections 1 and 4 of the Maryland Code, which provide for commitment to jail for nonpayment of fines and costs.

Article 38 deals with Fines and Forfeitures. Sections 1 and 4 provide in pertinent part:

"§ 1. Mode of recovering; * * * "When any fine or penalty is imposed by any act of Assembly of this State or by any ordinance...

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