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MIMS v. SHAPP

Civ. A. No. 74-1101.

457 F.Supp. 247 (1978)

Jeffrey Roger MIMS and Frederick Burton et al. v. Milton SHAPP, Governor of the Commonwealth of Pennsylvania William B. Robinson, Commissioner for the Bureau of Correction for the Commonwealth of Pennsylvania and James F. Howard, Warden of the State Correctional Institution at Pittsburgh, et al.

United States District Court, W. D. Pennsylvania.

August 23, 1978.

Attorney(s) appearing for the Case

Paul R. Gettleman, Pittsburgh, Pa., for plaintiffs.

John M. Duff, Deputy Atty. Gen., Frederick R. Nene, Asst. Atty. Gen., Pittsburgh, Pa., for defendants.

OPINION ON MOTION FOR PRELIMINARY INJUNCTION

WEBER, Chief Judge.

This court must now decide whether the Commonwealth of Pennsylvania may continue to confine plaintiff Frederick Burton in the "Behavioral Adjustment Union" (BAU) of the Western Penitentiary (also known as SCI Pittsburgh).

Frederick Burton, now serving sentences for two unrelated homicides, has moved for an injunction requiring the responsible...

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