UNITED STATES EX REL. KATZOFF v. McGINNIS

No. 255, Docket 35300.

441 F.2d 558 (1971)

UNITED STATES of America ex rel. Michael KATZOFF, Petitioner-Appellee, v. Paul D. McGINNIS, Commissioner of Corrections of the State of New York, and John T. Deegan, Warden of the Auburn State Prison, Auburn, New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 29, 1971.


Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y. (Lee Michaels, Auburn, N. Y., on the brief), for petitioner-appellee.

Louis J. Lefkowitz, Atty. Gen. of N. Y. (Timothy F. O'Brien, Asst. Atty. Gen., on the brief), for respondents-appellants.

Before FRIENDLY, SMITH 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 42 U.S.C. § 1983 (1964). Following an evidentiary hearing, the district court found that the loss of 50 days of appellee's earned good behavior time was unconstitutionally imposed. The appellant Commissioner of Corrections of the State of New York was ordered to credit the 50 days of good...

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