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TRACY v. SALAMACK

No. 77 Civ. 3937.

440 F.Supp. 930 (1977)

James TRACY, William Adams, Robert Arnold, Arthur Betsch, Santos Cepeda, Douglas Coleman, Harold Gonzalez, Lennell Howard, Elliot Hunt, Billy Little, Larry Moore, Robert Oakley, Emanuel Ordine, Jr., Larry Pleasant, George Reed, Anthony Repetti, Cordell Robinson, William Rodriguez, Dennis Soares, Michael Thomas, and John Turrisi, on behalf of themselves and all others similarly situated, Plaintiffs, v. Dominick SALAMACK, Superintendent, Bayview Correctional Facility, Captain Hylan T. Sperbeck, Correction Officer, Bayview Correctional Facility, Benjamin Ward, Commissioner, Department of Correctional Services, State of New York, Defendants.

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

Memorandum Opinion November 7, 1977.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, New York City, for plaintiffs; Susan N. Herman, Daniel J. Steinbock, Pierce Gerety, Jr., New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants; Kevin J. McKay, Asst. Atty. Gen., New York City, of counsel.

LASKER, District Judge.

In 1969, the New York State correctional system instituted a Temporary Release Program1 designed to help inmates eligible for parole to reintegrate into society. An inmate who is eligible for parole within one year may apply to the program. If accepted, he is assigned to a work release facility from which he may seek either employment or schooling. In July of 1977, in reaction to incidents which disquieted the legislature...

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