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HURLEY v. WARD

No. 75, Docket 78-2060.

584 F.2d 609 (1978)

Michael X. HURLEY, Appellee, v. Benjamin J. WARD, Commissioner of the Department of Correctional Services, and Joseph Keenan, Director of Special Housing Units (Punitive Segregation), individually and in their official capacities, Appellants.

United States Court of Appeals, Second Circuit.

Decided October 6, 1978.

Attorney(s) appearing for the Case

Claudia Angelos, New York City (Prisoners' Legal Services of New York, Daniel J. Steinbock, New York City), for appellee.

Paul E. Dahlman, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for appellants.

Before KAUFMAN, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

Appellants, the Commissioner of the New York State Department of Correctional Services and the former Director of the Department of Corrections Special Housing Units (punitive segregated prisoner facilities), appeal from an order of May 5, 1978 by the United States District Court for the Southern District of New York, Hon. Robert L. Carter, Judge, granting a preliminary injunction enjoining the appellants from conducting visual searches of...

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