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AULT v. HOLMES

Nos. 73-2049 and 73-2208.

506 F.2d 288 (1974)

Donald E. AULT, Individually, and on behalf of all others similarly situated, Plaintiff-Appellee, v. Charles J. HOLMES, Individually and in his official capacity as Commissioner of the Department of Corrections of the Commonwealth of Kentucky, et al., Defendants-Appellants. John Brenton PRESTON, Plaintiff-Appellee, v. Henry E. COWAN, Warden Kentucky State Penitentiary, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

November 15, 1974.

Attorney(s) appearing for the Case

Ed W. Hancock, Atty. Gen. of Kentucky, Kenneth A. Howe, Jr., Bruce K. Davis, Legal Counsel, Bureau of Corrections, Dept. of Justice, Frankfort, Ky., for defendants-appellants in No. 73-2049.

Robert Plotkin, N.L.A.D.A., Washington, D.C., Robert E. Delahanty, Elizabeth M. Freedman, Louisville, Ky., Allen M. Ressler, Legal Aid and Defender Society, Kansas City, Mo., for plaintiff-appellee in No. 73-2049.

Ed W. Hancock, Atty. Gen. of Kentucky, Robert L. Chenoweth, Bruce K. Davis, Frankfort, Ky., for defendants-appellants in No. 73-2208.

Robert A. Sedler, Lexington, Ky., for plaintiff-appellee in No. 73-2208.

Jack Greenberg, Stanley A. Bass, New York City, for amici curiae.

Before EDWARDS, McCREE and LIVELY, Circuit Judges.

EDWARDS, Circuit Judge.

These two cases, which were consolidated for hearing, presented the same basic problems, namely, whether or not prisoners in Kentucky's penal system have a due process right to a hearing before they are transferred out of the state to continue service of their penal term in the penitentiary systems of other states, and if so, what sort of hearing is required.

The cases were heard before Judge Charles Allen in Louisville, who entered...

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