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HOITT v. VITEK

No. 73-1349.

497 F.2d 598 (1974)

Carl B. HOITT, Jr., et al., Plaintiffs, Appellants, v. Joseph C. VITEK, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 16, 1974.

Attorney(s) appearing for the Case

Kurt M. Swenson, Manchester, N. H., for appellants.

David W. Hess, Asst. Atty. Gen., with whom Warren B. Rudman, Atty. Gen., Concord, N. H., was on brief, for appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Plaintiffs are a class of prisoners who brought an action against the warden of the New Hampshire State Prison under 42 U.S.C. § 1983 seeking injunctive relief and damages arising from an extended lockup, ranging from three weeks for some of the prisoners to two months for others. The district court granted partial relief but granted summary judgment dismissing that part of the complaint seeking damages for the prisoners' confinement.

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