INMATES OF SUFFOLK CTY. JAIL v. KEARNEY

No. 78-1216.

577 F.2d 761 (1978)

INMATES OF SUFFOLK COUNTY JAIL et al., Plaintiffs, Appellees, v. Dennis J. KEARNEY et al., Defendants, Appellees, Boston City Councillors, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 15, 1978.


Attorney(s) appearing for the Case

Charles F. Choate, Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., was on brief, for defendants, appellants, Boston City Councillors.

Richard W. Hynes, Boston, Mass., with whom Theodore Tedeschi, Boston, Mass., was on memorandum for defendants, Mayor of the City of Boston, Sheriff of Suffolk County and Master of the Suffolk County Jail.

Anthony P. Sager, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for appellee, Frank A. Hall, Commissioner of Corrections.

Max D. Stern, Boston, Mass., with whom Anne Goldstein and Stern & Shapiro, Boston, Mass., were on memorandum for Inmates of Suffolk County Jail et al.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


PER CURIAM.

In our opinion of March 17, 1978 we made provision that the City Council, if serious, receive a prompt judicial evaluation of its plan to renovate the Charles St. Jail. We contemplated an expeditious appeal. We reaffirmed our insistence on a "definite commitment to make available sufficient appropriations for a constitutionally adequate facility to be constructed by a definite date" as a prerequisite to permitting continued use of the Charles St. Jail...

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