NIEVES v. OSWALD

No. 1077, Docket 73-1846.

498 F.2d 802 (1974)

George NIEVES et al., Plaintiffs-Appellants, v. Russell G. OSWALD, Commissioner of Correctional Services, Vincent R. Mancusi, Superintendent of Attica Correctional Facility, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 30, 1974.

On Rehearing May 31, 1974.


Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y. (Edward I. Koren, ACLU Prison Rights Project, Buffalo, N. Y., Kenneth Kimerling, National Lawyers Guild, William E. Hellerstein, Legal Aid Society of New York, Morton Stavis, Stanley A. Bass, New York City, on the brief), for plaintiffs-appellants.

John H. Stenger, Sp. Asst. Atty. Gen. Louis J. Lefkowitz, Atty. Gen., for defendants-appellants.

Before MOORE and OAKES, Circuit Judges, and TYLER, District Judge.


MOORE, Circuit Judge:

Between September 9 and 13, 1971, a disturbance by the inmates at the Attica Correctional Facility (Attica) resulted in many acts of violence and many deaths. A not unexpected aftermath has been an attempt to ascertain, both inside and outside prison walls, such persons as might have been responsible. Outside the prison a special grand jury was impaneled to consider possible criminal charges; inside the walls there remains the possibility of...

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