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HOWE v. CIVILETTI

No. 884, Docket 79-2251.

625 F.2d 454 (1980)

Robert HOWE, Sr., Plaintiff-Appellant, v. Benjamin CIVILETTI, Attorney General for the United States, and Norman Carlson, Director of the United States Bureau of Prisons, Defendants-Appellees, Cornelius Hogan, Commissioner of Corrections, State of Vermont, Intervenor.

United States Court of Appeals, Second Circuit.

Decided June 23, 1980.

Attorney(s) appearing for the Case

David W. Curtis, Montpelier, Vt., for plaintiff-appellant.

Karen McAndrew, Asst. U. S. Atty., Burlington, Vt. (William B. Gray, U. S. Atty., D. Vt., Rutland, Vt., of counsel), for defendants-appellees.

Peter M. Nowlan, Asst. Atty. Gen., Waterbury, Vt. (Peter B. Brittin, Asst. Atty. Gen., Waterbury, Vt., M. Jerome Diamond, Atty. Gen., Montpelier, Vt., of counsel), for intervenor-appellee.

Before NEWMAN and KEARSE, Circuit Judges, and SIFTON, District Judge.

SIFTON, District Judge.

Robert Howe, Sr. was convicted of first-degree murder in the state courts of Vermont and on February 2, 1977, was sentenced to a term of life imprisonment. Howe was initially sent to the Vermont Correction and Diagnostic Treatment Facility at St. Albans, Vermont to begin service of his sentence. St. Albans is not equipped to handle maximum security prisoners on a long-term basis and Howe, because of the length of his sentence and the nature...

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