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McCRAY v. BURRELL

Nos. 74-1042, 74-1043, 74-1456, 74-1634.

516 F.2d 357 (1975)

Milton McCRAY, Appellant, v. Robert BURRELL, Appellee. Milton McCRAY, Appellant, v. Sergeant V. D. SMITH (Badge No. 153) Md. Penitentiary, Appellee. James E. X. STOKES, Appellant, v. Gerald McCLELLAN, Individually and in his official capacity as Warden of the Maryland Penitentiary, and the Mail Censor, Individually, and in his official capacity as mail censor of the Maryland Department of Corrections, Appellees. John WASHINGTON, Appellant, v. Dr. Harold M. BOSLOW, Director, Patuxent Institution, and Dr. Domingo C. Sorongon, M.D., Patuxent Institution, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 10, 1975.

Attorney(s) appearing for the Case

Charles F. Morgan, Prisoner Assistance Project, Legal Aid Bureau, Inc., Baltimore, Md. (Michael S. Elder and Michael A. Millemann, Baltimore, Md., on brief), for appellants.

N. Frank Wiggins, National Legal Aid and Defender Association, Washington, D. C. (Robert Plotkin, National Legal Aid and Defender Association, Washington, D. C., on brief), for amicus curiae.

Barbara Gold, Baltimore, Md., American Civ. Liberties Union, Maryland Affiliate, on brief for amicus curiae.

Donald R. Stutman, Asst. Atty. Gen. of Maryland (Francis B. Burch, Atty. Gen. of Maryland, Clarence W. Sharp and Gilbert Rosenthal, Asst. Attys. Gen. of Maryland, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, sitting in banc.

WINTER, Circuit Judge:

These appeals present the common question of whether a prisoner, incarcerated under state process, is required to exhaust available state remedies before the district court may or should exercise jurisdiction in a suit under 42 U.S.C. § 1983 for the redress of alleged deprivations of civil rights arising out of his incarceration. Some of these appeals were heard but not decided by a panel of the court. Because each presents the same question...

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