NELSON v. HEYNE

Nos. 72-1970, 73-1446.

491 F.2d 352 (1974)

Eric NELSON, by his next friend, Corine Nelson, and Daniel R. Roberts, by his next friend, Robert Brown, on behalf of themselves and a class of persons similarly situated but too numerous and too transitory to mention, Plaintiffs-Appellees, v. Robert P. HEYNE, Individually and in his capacity as Commissioner of Corrections, Indiana Department of Corrections, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 31, 1974.


Attorney(s) appearing for the Case

Theodore Sendak, Atty. Gen., Darrel K. Diamond, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellants.

Thomas A. Digrazia and John P. Forhan, South Bend, Ind., for plaintiffs-appellees.

Before KILEY, Senior Circuit Judge, and FAIRCHILD and SPRECHER, Circuit Judges.


KILEY, Senior Circuit Judge.

The district court in this class civil rights action1 enjoined defendants from implementing alleged unconstitutional practices and policies in conducting the Indiana Boys School under their administration; and declared the practices and policies unconstitutional. In Appeal No. 72-1970 defendants challenge the validity of the judgment granting the injunction, and in Appeal No. 73-1446 challenge the declaratory...

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