LOGAN ET AL. v. PATTON ET AL.

No. 250 Miscellaneous Docket No. 3.

70 Pa.Commw. 399 (1982)

Clair Logan, John Cooper, John Betties, Walter Dyson, Aubrey Sherrod, and on behalf of other inmates confined on D-Ward, State Correctional Institution at Camp Hill, Petitioners v. Ernest Patton, Superintendent, State Correctional Institution at Camp Hill, Ronald Marks, Commissioner, Pennsylvania Bureau of Corrections, Respondents.

Commonwealth Court of Pennsylvania.

December 16, 1982.


Attorney(s) appearing for the Case

Thomas M. Place, for petitioners.

Gregory R. Neuhauser, Deputy Attorney General, with him Francis R. Filipi, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondents.

Submitted on briefs to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE ROGERS, December 16, 1982:

The petitioners, persons in custody of the Bureau of Corrections incarcerated at the State Correctional Institution at Camp Hill, bring this action in mandamus seeking an order compelling the respondents, the Commissioner of the Bureau of Corrections and the Superintendent of the State Correctional Institution, to provide the petitioners with at least two hours of daily out-of-cell exercise as required by Section 1 of the...

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