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FOWLER v. ALEXANDER

No. 72-1471.

478 F.2d 694 (1973)

Jesse FOWLER, Individually and on behalf of all others similarly situated, Appellant, v. Abner ALEXANDER, Chief District Judge, 21st Judicial District of North Carolina, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 7, 1973.

Attorney(s) appearing for the Case

Michael Sheely, Winston-Salem, N. C. and Herman L. Stephens, Kernersville, N. C. (Thorns Craven and Nonnie F. Midgette, Winston-Salem, N. C., on brief) for appellant.

Jacob L. Safron, Asst. Atty. Gen. of N. C. (Robert Morgan, Atty. Gen. of N. C. and P. Eugene Price, Jr., County Atty., for Forsyth County, N. C., on brief) for appellees.

Before CRAVEN, RUSSELL and WIDENER, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

Contending that certain North Carolina statutes,1 under the terms of which he has been temporarily confined earlier, were unconstitutional, the plaintiff seeks declaratory relief finding such statutes invalid, an injunction against their future enforcement, and damages for his short confinement. The defendants are the judges of the court who ordered the plaintiff confined under the provisions of the challenged...

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