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KERSH v. BOUNDS

Nos. 73-1578, 73-1579.

501 F.2d 585 (1974)

Grady D. KERSH et al., Appellees, v. V. Lee BOUNDS, Commissioner of the North Carolina Department of Corrections, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 25, 1974.

Attorney(s) appearing for the Case

Jacob L. Safron, Asst. Atty. Gen., N. C. (Robert Morgan, Atty. Gen., N. C., James M. Bowen, Rutherfordton, N. C., Atty., for Polk County defendants, and Frank B. Aycock, III, Charlotte, N. C., Atty., for Gaston County defendants, on brief), for appellants.

J. David James, Greensboro, N. C. (Norman B. Smith, Greensboro, N. C. [Court-appointed counsel], and Smith, Carrington, Patterson, Follin & Curtis, Greensboro, N. C., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and BUTZNER and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

This suit was brought under 42 U.S.C. § 1983 by three indigent inmates of the North Carolina Department of Correction (Department) against the Correction Department Commissioner and the members of the Board of Commissioners of Gaston and Polk Counties, North Carolina. The prisoners alleged that the defendants had treated prisoners in safekeeping status, called safekeepers, normally housed in county prisons at county expense, differently...

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