FITZPATRICK v. WERT

Civ. No. 77-249.

432 F.Supp. 601 (1977)

Martin FITZPATRICK, John Nelson, Curtis Johnson, Plaintiffs, v. Ronald WERT, Guard Union, Local 1040, David E. Lynch, William J. Conners III, Benjamin J. Ward, Commissioner, N.Y.S. Department of Correctional Services, and Harold J. Smith, Superintendent, Attica C.F., Defendants.

United States District Court, W. D. New York.

May 27, 1977.


Attorney(s) appearing for the Case

Martin Fitzpatrick, pro se.


CURTIN, Chief Judge.

Plaintiffs have submitted to the court a civil rights complaint (42 U.S.C. §§ 1983 and 1985) along with an affidavit of poverty and seek permission to proceed in forma pauperis. 28 U.S.C. § 1915.

On December 2, 1976, the Buffalo Courier-Express carried a story, written by reporter David E. Lynch, which was headlined: "Attica Inmates Reported Ready to Demonstrate." The first two paragraphs of that story read:

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