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RAY v. ROBINSON

No. 80-1780.

640 F.2d 474 (1981)

Robert Allen RAY, P 1201, State Correctional Institution, Pittsburgh, Pa. 15233, Mike Silverman, P 1484 SCI, Pgh., Eddie Harris, P 1414 SCI, Pgh., Robert Harris, K3448 SCI, Pgh. and Steven Shawley, Y1816 SCI, Pgh. for themselves and on behalf of all other similarly situated individuals. Robert Allen Ray, P 1201, Appellant, v. William B. ROBINSON, Commissioner of Correction, Commonwealth of Pennsylvania, Harrisburg, Pennsylvania; James F. Howard, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania 15233, Thomas Seiverling, Administrative Assistant to the Superintendent and Complaint Officer, State Correctional Institution, Pittsburgh, Pennsylvania 15233, Lawrence Weyandt, Major of the Guard, State Correctional Institution, Pittsburgh, Pennsylvania 15233, and Charles J. Kozakiewicz, Captain, State Correctional Institution, Pittsburgh, Pennsylvania 15233, Individually and in their own capacity.

United States Court of Appeals, Third Circuit.

Decided February 9, 1981.

Attorney(s) appearing for the Case

Jose Hernandez-Cuebas, Pa. Dept. of Justice, Pittsburgh, Pa., for appellees.

James D. Crawford, Carole E. Handler, Philadelphia, Pa., for appellant; Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., of counsel.

Before SLOVITER and MARIS, Circuit Judges, and BROTMAN, District Judge.

Submitted Under Third Circuit Rule 12(6) November 6, 1980.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Appellant, Robert Allen Ray, is one of five prisoners in the State Correctional Institution in Pittsburgh, Pennsylvania, who brought a Civil Rights action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343 against various state officials alleging that defendants' enforcement of a prison rule prohibiting the covering of doors...

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