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COLLINS v. VITEK

Civ. A. No. 73-107.

375 F.Supp. 856 (1974)

Russell COLLINS, Jr., Individually and on behalf of all other persons similarly situated, v. Joseph VITEK, in his official capacity as Warden of the New Hampshire State Prison, et al.

United States District Court, D. New Hampshire.

May 13, 1974.

Attorney(s) appearing for the Case

John W. Cotton, New Hampshire Legal Assistance, Concord, N. H., for plaintiff.

David W. Hess, Asst. Atty. Gen., for the State of New Hampshire, Concord, N. H., for defendants.

OPINION

BOWNES, District Judge.

In this action, plaintiff, a prisoner in the New Hampshire State Prison (hereinafter NHSP), challenges disciplinary action taken against him by prison officials. The disciplinary action was based on an allegedly loud, profane, and inflammatory statement made during a general prison lockup and shakedown at the NHSP. Plaintiff has challenged the constitutionality of the substantive charge and the procedural aspects of the disciplinary...

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