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CARTER v. KILBANE

No. 74-1292.

519 F.2d 1370 (1975)

Earl CARTER, Plaintiff-Appellant, v. James KILBANE, Individually and in his capacity as Presiding Judge, Criminal Branch, Cuyahoga County Court of Common Pleas, and Ralph Kreiger, Individually and in his capacity as Sheriff of Cuyahoga County, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

July 31, 1975.

Attorney(s) appearing for the Case

Earl Carter, pro se and Douglas L. Rogers, Cleveland, Ohio, for plaintiff-appellant.

John Corrigan, Pros. Atty., George J. Sadd, Cuyahoga County, Albin Lipold, Cleveland, Ohio, for defendants-appellees.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.

PER CURIAM.

Appellant Carter filed a complaint under 42 U.S.C. § 1983 (1970) claiming that although he had been indicted by an Ohio grand jury, he had been unconstitutionally denied a preliminary hearing on the question of probable cause to support his pretrial detention. Carter also sought to represent before the District Court a class of state prisoners similarly situated. The District Judge refused to certify the case as a class action and dismissed the complaint...

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