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NELSON v. COLLINS

Civ. No. B-77-116.

455 F.Supp. 727 (1978)

Warren C. NELSON, Earl A. Curreri and Carl Jackson, on behalf of themselves and all others similarly situated v. George H. COLLINS, Warden, Maryland Penitentiary, Mary Lou Bartram, Superintendent, Maryland Reception, Diagnostic and Classification Center, Mark A. Levine, Commissioner, Maryland Division of Correction, Robert J. Lally, Secretary, Maryland Department of Public Safety and Correctional Services, Henry P. Turner, Chairman, Maryland Parole Commission, Marvin Mandel, Governor of the State of Maryland, McLindsey Hawkins, Assistant Warden, Maryland Penitentiary, Sigmund Fine, Assistant Warden, Maryland Penitentiary, Maryland Division of Correction, Louis Goldstein, Member, Board of Public Works, William S. James, Member, Board of Public Works, D. J. Smith, Sergeant, Maryland Penitentiary, Sued Individually and in their official capacities.

United States District Court, D. Maryland.

May 17, 1978.

Attorney(s) appearing for the Case

Richard G. Fishman, Mary S. Elcano, and Richard L. North, Prisoner Assistance Project, Legal Aid Bureau, Inc., Baltimore, Md., for plaintiffs.

Francis B. Burch, Atty. Gen. of Maryland, Stephen B. Caplis, and W. Timothy Finan, Asst. Attys. Gen., Baltimore, Md., for defendants.

BLAIR, District Judge.

In this class action the plaintiffs, prisoners at the Maryland Penitentiary and the Maryland Reception, Diagnostic and Classification Center (MRDCC), claim that the conditions of confinement in these institutions violate their constitutional rights.1 The class, formed under Rule 23(a) and (b)(2), F.R.Civ.P., consists of all persons who are now or will be in the future confined in each institution.

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