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ABBIT v. BERNIER

Civ. No. H-74-64.

387 F.Supp. 57 (1974)

Fred ABBIT, Individually, and on behalf of all others similarly situated, Plaintiff, v. Conrad BERNIER, Deputy Sheriff, Windham County, State of Connecticut, as an Individual, and in his official capacity, et al., Defendants.

United States District Court, D. Connecticut.

December 24, 1974.

Attorney(s) appearing for the Case

Raymond R. Norko, Tolland-Windham Legal Assistance, Inc., Danielson, Conn., for plaintiff.

Albert J. Callahan, Callahan & Devokaitis, Hartford, Conn., for defendants.

Robert K. Killian, Atty. Gen., of Conn., Timothy O. Fanning, Asst. Atty. Gen., of counsel, on the brief for State of Conn. as amicus curiae.

Frank B. Cochran and Kimball Haines Hunt, Conn. Civil Liberties Union Foundation, Inc., Hartford, Conn., on the brief for Conn. Civil Liberties Union Foundation, Inc. as amicus curiae.

Before SMITH, Circuit Judge, and CLARIE and BLUMENFELD, District Judges.

MEMORANDUM OF DECISION

J. JOSEPH SMITH, Circuit Judge:

Fred Abbit, a judgment debtor against whose body a writ of execution has issued, seeks to enjoin the enforcement of Connecticut's body execution statute, Conn.Gen.Stat.Ann. § 52-369, and to secure a declaration of its unconstitutionality. He proceeds in this civil rights action, 42 U.S.C. § 1983, 28 U.S. C. § 1343(3),1 against the Connecticut

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