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FURTADO v. BISHOP

Nos. 78-1482, 78-1483.

604 F.2d 80 (1979)

John FURTADO et al., Plaintiffs-Appellees, v. Harold BISHOP et al., Defendants-Appellants. John FURTADO et al., Plaintiffs-Appellants, v. Harold BISHOP et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided July 26, 1979.

Attorney(s) appearing for the Case

Lee Carl Bromberg, Sp. Asst. Atty. Gen., Dept. of Correction, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief for Harold Bishop, et al.

Max D. Stern, Boston, Mass., with whom Jonathan Shapiro, Stern & Shapiro and Michael Avery, Boston, Mass., were on brief for John Furtado, et al.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, PETTINE, District Judge.

BOWNES, Circuit Judge.

This case stems from two separate but related incidents at the Massachusetts Correctional Institution (MCI) at Walpole on March 21, 1970. Prison officials observed prisoners John Furtado and Gerald Sousa returning to their respective cells after attending a banquet at the auditorium sponsored by inmates involved in a prison drug program. Sousa had consumed some home brew and his gait and general appearance made it obvious that he was less than...

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