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PERROTE v. PERCY

No. 78-C-27.

452 F.Supp. 604 (1978)

John PERROTE, Individually and on behalf of all others similarly situated, Plaintiff, v. Donald E. PERCY, Secretary of Department of Health and Social Services, et al., Defendants.

United States District Court, E. D. Wisconsin.

July 11, 1978.

Attorney(s) appearing for the Case

Corrections Legal Services Program by Carol W. Medaris, Madison, Wis., for plaintiff.

Bronson C. LaFollette, Wis. Atty. Gen. by Nadim Sahar, Asst. Atty. Gen., Madison, Wis., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendants have filed a motion to dismiss, for failure to state a claim upon which relief can be granted, that portion of the complaint which seeks damages for the alleged violation of 42 U.S.C. § 1983 committed by the defendants in connection with their removal of the plaintiff from the work/study release program in which he was enrolled while confined at the Oakhill Correctional Institution....

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