ROYSTER v. McGINNIS

No. 70 Civ. 4365.

327 F.Supp. 1318 (1971)

James ROYSTER, Percy Rutherford and all other persons similarly situated, Plaintiffs, v. Paul D. McGINNIS, Commissioner of Correction, State of New York, Harry Fritz, Warden, Auburn Prison, Auburn, New York, J. L. Casscles, Warden, Ossining Correctional Facility, Ossining, New York, Defendants.

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

January 21, 1971.


Attorney(s) appearing for the Case

James J. McDonough, Legal Aid Society of Nassau County, N. Y., Mineola, N. Y., for plaintiffs; Joel Ziegler, Mathew Muraskin, Mineola, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants; Samuel A. Hirshowitz, Michael Colodner, New York City, of counsel.


LASKER, District Judge.

Plaintiffs James Royster and Percy Rutherford, New York State prisoners in the Auburn and Ossining Correction Facilities, respectively, bring this class action on behalf of themselves and others similarly situated seeking a declaratory judgment that Section 230(3) of the New York Correction Law, McKinney's Consol.Laws, c. 43, under which their "good time" was computed, is unconstitutional, and for an injunction against the alleged discriminatory...

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