TYREE v. FITZPATRICK

No. 71-1105.

445 F.2d 627 (1971)

Benjamin TYREE, Plaintiff, Appellant, v. John J. FITZPATRICK, Commissioner of Correction of the Commonwealth of Massachusetts, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 29, 1971.


Attorney(s) appearing for the Case

Richard S. Chute, Boston, Mass., for plaintiff-appellant.

Charles E. Chase, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Div., were on brief, for defendant-appellee.

Max D. Stern, Cambridge, Mass., John Leubsdorf, Boston, Mass., Stanley A. Bass, and Jack Greenberg, New York City, on brief, for The NAACP Legal Defense and Education Fund, Inc., The Massachusetts Law Reform Institute, and The Boston Lawyers Committee for Civil Rights Under Law, amici curiae.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

Appellant is a prisoner confined in the Massachusetts Correctional Institution. He has brought an action against appellees, officials of the Department of Correction, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201, seeking money damages, injunctive, and declaratory relief from the allegedly unconstitutional conduct of appellees. Appellant's complaint challenges the constitutionality of procedures by which prisoners, who violate the rules of the...

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