McAULIFFE v. CARLSON

No. 951, Docket 75-7125.

520 F.2d 1305 (1975)

Robert A. McAULIFFE, Plaintiff-Appellee, v. Adolf G. CARLSON, Commissioner of Finance and Control of the State of Connecticut, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 1, 1975.


Attorney(s) appearing for the Case

Maurice Myrun, Asst. Atty. Gen., Hartford, Conn. (Carl R. Ajello, Atty. Gen., and Paige J. Everin, Asst. Atty. Gen., Hartford, Conn., of counsel), for defendant-appellant.

Michael J. Churgin, New Haven, Conn. (Stephen Wizner and Dennis E. Curtis, New Haven, Conn.), for plaintiff-appellee.

Before LUMBARD, GIBBONS and GURFEIN, Circuit Judges.


GURFEIN, Circuit Judge:

This action was originally brought pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343, seeking declaratory relief holding certain Connecticut statutes unconstitutional and ordering moneys taken from the plaintiff-appellee, Robert McAuliffe, to be returned to him. McAuliffe was hospitalized in Connecticut mental health facilities after having been convicted of the crime of breaking and entering. Pursuant...

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