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NORRIS v. FRAME

No. 78-1090.

585 F.2d 1183 (1978)

Tyrone NORRIS, Individually and on behalf of all others similarly situated, Appellant, v. Thomas G. FRAME, Individually and as Warden of Chester County Farms Prison, Dr. Philip E. Kistler, Sergeant Mazzi, Mr. Snyder, Sergeant Melanese, Captain Simmons, Deputy Warden Hardy, Honorable Dominic T. Marrone, Honorable Thomas A. Pitt, Jr., Honorable John M. Wajert, Honorable Leonard Sugerman, Honorable John E. Stively, Jr., Honorable William J. C. O'Donnell, William Lamb, James H. McQueen, Lawrence Wood, Robert G. Strubile, Leo D. McDermott, Earl M. Baker, and the County of Chester.

United States Court of Appeals, Third Circuit.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Lawrence H. Rudnick, West Chester, Pa., for appellant.

Michael P. O'Connor, Joseph P. Green, Krusen Evans and Byrne, Philadelphia, Pa., John S. Halsted, Gawthrop & Greenwood, West Chester, Pa., for appellees.

Lawrence E. Grant, Hope, Portnoff & Grant, Ltd., Paoli, Pa., for appellee, James H. McQueen.

Before SEITZ, Chief Judge, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

One of the most persistent problems in the administration of the criminal justice system is how to treat those individuals who have been charged with a crime but not yet convicted. In order to guarantee their presence at trial, the state may imprison citizens before their guilt or innocence is determined, but their status during this waiting period has been questioned ever since the time of Blackstone, who described...

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