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NEWKIRK v. BUTLER

No. 72 Civ. 2851.

364 F.Supp. 497 (1973)

James NEWKIRK and Cornelius Lucas, Plaintiffs, v. Harold N. BUTLER, Superintendent of Wallkill Correctional Facility, and Russell G. Oswald, Commissioner of Correctional Services of the State of New York, Defendants.

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

October 9, 1973.

Attorney(s) appearing for the Case

William E. Hellerstein, Daniel Pochoda, Marjorie Mazen Smith, New York City, for plaintiffs The Legal Aid Society Prisoners' Rights Project.

Lynn J. Walker, New York City, for plaintiffs NAACP Legal Defense and Ed. Fund, Inc.

Louis J. Lefkowitz, Atty. Gen., of N. Y., New York City, for defendants; Hillel Hoffman, New York City, of counsel.

ROBERT J. WARD, District Judge.

This is an action brought under 28 U. S.C. § 1343(3) and (4) and 42 U.S.C. § 1983, seeking declaratory and injunctive relief against alleged unconstitutional punishment. The four original plaintiffs were inmates of Wallkill Correctional Facility ("Wallkill"), a medium security prison, serving sentences of imprisonment imposed by New York State courts. The were transferred from that institution to two maximum security institutions...

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