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GURULE v. WILSON

Nos. 78-2056, 78-2057, 79-1211 and 79-1212.

635 F.2d 782 (1980)

Charles GURULE, in behalf of himself and all others similarly situated, Plaintiffs-Appellees, and Cross-Appellants, v. Alex WILSON, Warden, Colorado State Penitentiary; Jack Capelli, Associate Warden, Medium Security, Colorado State Penitentiary; Five Unknown Named Guards of Medium Security, Colorado State Penitentiary, Defendants-Appellants, and Cross-Appellees. Frank R. ALLARID, Register No. 41590, Colorado State Penitentiary, Plaintiff-Appellant, v. Alex WILSON, Warden, Colorado State Penitentiary, individually and in his official capacity, Defendant-Appellee. Henry ALVEREZ, Plaintiff-Appellant, v. Alex WILSON, Warden, Colorado State Penitentiary, individually and in his official capacity, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing February 13, 1981.

Attorney(s) appearing for the Case

Jonathon B. Chase, Boulder, Colo. (Barbara Salomon, Denver, Colo., with him on the brief), The American Civil Liberties Union Foundation of Colorado, Inc., for plaintiffs-appellees and cross-appellants, and plaintiffs-appellants Allarid and Alverez.

William Morris, Asst. Atty. Gen., Litigation Section, Denver, Colo. (J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, Colo., with him on the brief), for defendants-appellants and cross-appellees.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and MARKEY, Judge.

SEYMOUR, Circuit Judge.

This is a consolidated civil rights action brought by inmates of the Colorado State Penitentiary under 42 U.S.C. § 1983. Plaintiffs sought to require defendant prison officials to afford due process before adversely affecting the prisoners' conditions of confinement. Defendants appeal from the district court's order requiring them to comply with the hearing procedures set forth in their Manual and Policy on Classification (Manual). Defendants...

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