PUGH v. LOCKE

Civ. A. Nos. 74-203-N, 74-57-N.

406 F.Supp. 318 (1976)

Jerry Lee PUGH, for himself and all others similarly situated, Plaintiffs, v. Judson C. LOCKE, Jr., individually and in his official capacity as Commissioner of the Alabama Board of Corrections, et al., Defendants. WILCOX COUNTY COMMISSION, as the governing body of the County of Wilcox, State of Alabama, and all other counties similarly situated, and Association of County Commissions of Alabama, a voluntary association, Intervening Ancillary Plaintiffs, v. Melba Till ALLEN, individually and as State Treasurer, State of Alabama, et al., Ancillary Defendants, Ira DeMent, United States Attorney, Amicus Curiae. Worley JAMES et al., Plaintiffs, v. George C. WALLACE, individually and in his official capacity as Governor of Alabama, et al., Defendants. WILCOX COUNTY COMMISSION, as the governing body of the County of Wilcox, State of Alabama, and all other counties similarly situated, and Association of County Commissions of Alabama, a voluntary association, Intervening Ancillary Plaintiffs, v. Melba Till ALLEN, individually and as State Treasurer, State of Alabama, et al., Ancillary Defendants, The National Prison Project of the American Civil Liberties Union Foundation, Inc., and Ira DeMent, United States Attorney, Amici Curiae.

United States District Court, M. D. Alabama, N. D.

January 13, 1976.


Attorney(s) appearing for the Case

Robert D. Segall, Hobbs, Copeland, Franco & Screws and Joseph J. Levin, Jr., Montgomery, Ala., for plaintiffs Pugh.

William J. Baxley, Atty. Gen., Larry R. Newman, Asst. Atty. Gen., State of Ala., and Robert S. Lamar, Jr., Special Asst. Atty. Gen., Ball, Ball, Matthews & Lamar, Montgomery, Ala., for defendants and ancillary defendants.

James W. Webb, Montgomery, Ala., for intervening ancillary plaintiffs.

Ira DeMent, U. S. Atty., and Kenneth E. Vines, Asst. U. S. Atty., M. D. Ala., Montgomery, Ala., for amicus curiae.

George Peach Taylor, University, Ala., for plaintiffs James et al.

Matthew L. Myers and Alvin J. Bronstein, Washington, D. C., and Ralph I. Knowles, Jr., University, Ala., for amicus The National Prison Project of the American Civil Liberties Union Foundation, Inc.


MEMORANDUM OPINION

JOHNSON, Chief Judge.

In these consolidated class actions,1 plaintiffs seek declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 for deprivation of their Eighth and Fourteenth Amendment rights. This Court has jurisdiction under 28 U.S.C. §§ 1343, 2201 and 2202. This Court, as authorized by Rule 52 of the Federal Rules of Civil Procedure, incorporates in this memorandum opinion the appropriate...

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