BURTON v. SHAPP

Civ. A. Nos. 74-1101, 78-381.

500 F.Supp. 760 (1980)

Fred BURTON, et al., Plaintiffs, v. Milton SHAPP, Governor of the Commonwealth of Pennsylvania; Israel Packel, Attorney General for the Commonwealth of Pennsylvania; Stewart Werner, Commissioner of the Bureau of Correction for the Commonwealth of Pennsylvania; James Howard, Warden of the State Correctional Institution at Pittsburgh; Charles Zimmerman, Deputy Warden of the State Correctional Institution at Pittsburgh; William Jennings, Deputy Warden of the State Correctional Institution at Pittsburgh; Lawrence Weyandt, Major of the Guards at the State Correctional Institution at Pittsburgh; John Jasak, Captain of the Guards at the State Correctional Institution at Pittsburgh; David Young, Casework Supervisor at the State Correctional Institution at Pittsburgh; Charles Kozakiewcz, Lieutenant of the Guards; James Robles, Sergeant of the Guards at the S.C.I. Pgh. in charge of the B.A.U.; Sergeant Caruthers, Sergeant of the Guards of the S.C.I. Pgh., in charge of the B.A.U., Their Agents Subordinates and Employees. Frederick BURTON, Plaintiff, v. William B. ROBINSON, individually and in his official capacity as Commissioner of Corrections of the Commonwealth of Pennsylvania, together with his Agents and Successors in interest, Stewart Werner, individually and in his former official capacity as Commissioner of Corrections of the Commonwealth of Pennsylvania, Robert L. Johnson, individually and in his former official capacity as Superintendent of the State Correctional Institution at Graterford Pennsylvania, Julius T. Cuyler, individually and in his official capacity as Superintendent of the State Correctional Institution at Graterford together with his Agents and Successors in interest, Joseph Brierly and Gilbert A. Walters, individually and in their former official capacities as Superintendent of the State Correctional Institution at Pittsburgh, Pittsburgh Pennsylvania, James E. Howard, individually and his official capacity as Superintendent of the State Correctional Institution at Pittsburgh together with his Agents and Successors in Interest.

United States District Court, W. D. Pennsylvania.

November 5, 1980.


Attorney(s) appearing for the Case

Paul Gettleman, Zelienople, Pa., for plaintiff.

Deborah A. DeAugustino, Egler & Reinstadtler, Jose Hernandez-Cuebas, Asst. Atty. Gen., Commonwealth of Pennsylvania, Pittsburgh, Pa., for defendants.


OPINION

WEBER, Chief Judge.

On August 23, 1978, this court held that the Commonwealth of Pennsylvania, Bureau of Corrections, could no longer hold Frederick Burton confined in the Behavioral Adjustment Unit at the State Correctional Institution in Pittsburgh consistent with the requirements of due process.* Confinement in the Behavioral Adjustment Unit is a type of limited solitary imprisonment imposed either for security or...

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