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CRUZ v. WARD

No. 946, Docket 77-7043.

558 F.2d 658 (1977)

Hector CRUZ, Matthew Gulley, Carmine Perrelli, George Dunleavy, Louis Poveromo, Nicholas Pechar, and George Mitchell, Individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. Benjamin WARD, Individually and in his capacity as Commissioner of the New York State Department of Correctional Services, Vito M. Ternullo, Individually and in his capacity as Director of Matteawan State Hospital, Lawrence Sweeney, Individually and in his capacity as Chief of Psychiatric Services at Matteawan State Hospital, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 23, 1977.

Attorney(s) appearing for the Case

Jane E. Bloom, Poughkeepsie, N. Y. (Mid-Hudson Valley Legal Services Project (Monroe County Legal Assistance Corp.), Poughkeepsie, N. Y., on the brief), for plaintiffs-appellees.

Arlene R. Silverman, New York City (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for defendants-appellants.

Before KAUFMAN, Chief Judge, LUMBARD and VAN GRAAFEILAND, Circuit Judges.

LUMBARD, Circuit Judge:

This is an appeal from a judgment by Judge Goettel of the Southern District holding that New York State has been violating the fourteenth amendment by returning mental patients from hospital to prison without adequate procedural protections. We conclude that the inmates have not been deprived of due process or subjected to cruel and unusual punishment and accordingly we reverse.

I

State prison inmates adjudged in need of institutional...

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