RODRIGUEZ v. McGINNIS

No. 899, Docket 34567.

451 F.2d 730 (1971)

Eugene RODRIGUEZ, and the United States of America ex rel. Eugene Rodriguez, Plaintiff-Appellee, v. Paul D. McGINNIS, Commissioner of Correction; Russell G. Oswald, Chairman of the Board of Parole; J. Edwin LaVallee, Warden and Chairman of the Prison Board of Clinton State Prison; New York State Board of Parole; and the New York State Department of Correction, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 16, 1971.


Attorney(s) appearing for the Case

Richard A. Kohn, Albany, N. Y., for appellee.

Brenda Soloff, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Lillian Z. Cohen, Asst. Atty. Gen., on the brief), for appellant.

Before WATERMAN, MOORE and HAYS, Circuit Judges.


HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Northern District of New York in an action brought by a state prisoner under 28 U.S.C. § 1343 (1964) and 42 U.S.C. § 1983 (1964). After an evidentiary hearing, the district court held that the cancellation by defendants of 120 days of plaintiff's earned good behavior time,1 was unconstitutionally imposed. The defendant Commissioner...

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