UNITED STATES EX REL. ERVIN v. SAWNER

No. 71 Civ. 101.

322 F.Supp. 1108 (1971)

UNITED STATES of America ex rel. Clarence ERVIN, Jr., Petitioner, v. Assist. Deputy Warden SAWNER, Green Haven Prison, et al., Respondents.

United States District Court, S. D. New York.

February 16, 1971.


Attorney(s) appearing for the Case

Clarence Ervin, pro se.

Louis J. Lefkowitz, Atty. Gen. of N. Y., for respondents, by A. Seth Greenwald, Asst. Atty. Gen., New York City.


MANSFIELD, District Judge.

This habeas corpus petition by a state prisoner arises out of a disturbance which occurred on March 5, 1970, in the mess hall at Green Haven Prison. Fifty prisoners—out of about 750—threw bowls and trays. During the melee several guards were struck by thrown objects and by trays held by the inmates. One prison officer so injured was Raymond MacDermott, who was struck from the rear with a metal tray and fell to his

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