CARLO v. GUNTER

No. 75-1163.

520 F.2d 1293 (1975)

Anthony CARLO et al., Plaintiffs-Appellants, v. Frank O. GUNTER et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided August 4, 1975.


Attorney(s) appearing for the Case

Richard E. Shapiro, Boston, Mass., with whom Timothy J. Wilton, Prisoners Rights Project, was on brief for plaintiffs-appellants.

Michael C. Donahue, Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Bureau were on brief, for defendants-appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


McENTEE, Circuit Judge.

On December 31, 1974, defendant Gunter was appointed Superintendent of MCI Walpole, the commonwealth's maximum security institution which for some years has been a scene of virtually continuous disruption.1 His appointment followed by five days the murder of an inmate, the discovery of a cache of guns and ammunition and the consequent beginning of a lockup of the entire institution. In order to end the lockup and...

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