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KIRBY v. BLACKLEDGE

No. 73-2236.

530 F.2d 583 (1976)

Charles L. KIRBY et al., Plaintiffs-Appellants, v. Stanley BLACKLEDGE, Warden of Central Prison, and V. Lee Bounds, Commissioner of the North Carolina Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 19, 1976.

Attorney(s) appearing for the Case

James V. Rowan, Durham, N.C. (Paul, Keenan & Rowan, Durham, N.C., Norman B. Smith, Smith, Carrington, Patterson, Follin & Curtis, Greensboro, N.C., on brief), for plaintiffs-appellants.

Jacob L. Safron, Asst. Atty. Gen. of N.C., Raleigh, N.C. (Jacob L. Safron, Asst. Atty. Gen. of N.C., Raleigh, N.C., on brief), for defendants-appellees.

Before CLARK, Supreme Court Justice, HAYNSWORTH, Chief Judge, and FIELD, Circuit Judge.

Mr. Justice CLARK:

While federal courts are most reluctant to interfere in the administration of state or federal prison systems, it becomes necessary to do so where constitutionally secured rights of prisoners are abridged by prison officials without compelling justification. We have such a case here.

This § 1983 action was brought by prisoners incarcerated in the maximum security section of North Carolina Central Prison at Raleigh—known as I...

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