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MARTINEZ v. AARON

No. 77-1395.

570 F.2d 317 (1978)

David L. MARTINEZ, Petitioner-Appellant, Gregory L. Sharpe, Braulio Rodriguez, Ronald Lancaster, Eldridge Green, Richard Maldarude, Clarence Whiteley, James Cochran, Sandy Scott, Reynaldo Madrid, William J. Rowland, Joseph Bell, James Ranson, James Chiaramonte, David Crawford, Mike Colby, Roy Preas, Charles Crismore, Ronald Lee McDonald, Jessie X. Clark, Defendants, v. Ralph L. AARON, Warden, Capt. Joe F. Martinez, Lt. Benito Gonzales, Adelaido Martinez (Superintendent of Security), Clyde Malley, Warden, Mike Hanrahan, Secretary of Corrections, Dr. Mark Orner, Individually and in their official capacities as Warden of the Penitentiary of New Mexico and other employees of the New Mexico Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 23, 1978.

Attorney(s) appearing for the Case

David L. Martinez pro se.

Toney Anaya, State Atty. Gen., Ralph W. Muxlow III, Asst. Atty. Gen., Santa Fe, N.M., on behalf of appellees.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE and McKAY, Circuit Judges, sitting en banc.

PER CURIAM:

This was commenced as an action under 42 U.S.C. § 1983, brought by twelve inmates of the New Mexico State Penitentiary. The complaint asserts the theft and confiscation of described personal property of the plaintiffs by the defendant correctional officers during the course of a routine shakedown. The shakedown or search was of a dormitory in the prison occupied by a considerable number of prisoners including the plaintiffs. The shakedown and stealing...

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