BOLDING v. HOLSHOUSER

No. 76-2151.

575 F.2d 461 (1978)

Thomas BOLDING, Robert Fink, Samuel Bost, Raymond Creason, James Grant, Gerald R. Price, Perry W. Franklin, Norman Anthony, Wilburt Clemmons, Jimmy Covington, Erwin Zelms, Marjorie H. Marsh, Timothy P. Harding, William R. McCall, Fred T. Malick, Glenn Ford, Jodie V. Austin, John H. Stacks, Charles L. Edmondson, Donald Perkins, Jim Vickers, Anne C. Willett, Gonzales Jones, Anne Sheppard Turner, Michael McSwiggen, Sherman Jones, Strother Holder, James Sapp, and Dennis Cole, and all others similarly situated, Appellants, v. James E. HOLSHOUSER, Jr., Individually and in his official capacity as Governor of North Carolina, David L. Jones, Individually, and in his official capacity as Secretary of Social Rehabilitation and Control, Ralph D. Edwards, Individually, and in his official capacity as Commissioner of the North Carolina Department of Correction, Jack Scism, Individually, and in his official capacity as Chairman of the North Carolina Parole Commission, the North Carolina Parole Commission, the North Carolina Commission of Correction, J. Richard Smith, Individually and in his official capacity as Superintendent of the Craggy Subsidiary of the North Carolina Department of Correction, E. C. Watkins, Individually, and in his capacity as Superintendent of the Stanley County Subsidiary of the North Carolina Department of Correction, L. C. Stephenson, Individually, and in his official capacity as Superintendent of the Caledonia Farms Subsidiary of the North Carolina Department of Correction, and Sam Garrison, Individually, and in his capacity as Warden of Central Prison, and Fred Briggs, Individually, and in his capacity as Chairman of the Central Classification Committee of the Department of Correction, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 26, 1978.


Attorney(s) appearing for the Case

Allen H. Wellons, Asheville, N. C. (Russell P. Brannon, Van Winkle, Buck, Wall, Starnes, Hyde & Davis, Asheville, N. C., on brief), for appellants.

Jacob L. Safron, Special Deputy Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge.


WINTER, Circuit Judge:

The district court granted a motion under Rule 12(b)(6), F.R.Civ.P., to dismiss a complaint brought by a group of North Carolina prisoners, both individually and as representatives of all prisoners similarly situated in North Carolina prisons. The complaint sought a declaratory judgment that certain prison conditions and certain treatment of prisoners and their mail violated the constitutional rights of the prisoners under the Federal Constitution...

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