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DiGUISEPPE v. WARD

Cal. No. 1410, Docket 82-2126.

698 F.2d 602 (1983)

Anthony DiGUISEPPE, Plaintiff-Appellee, v. Benjamin WARD, Jack Czarnetsky, Eugene S. Lefevre, Robert K. Woods, Robert LaBrum, Phyllis Curry, and William Donahue, individually and in their official capacities, Defendants, Benjamin Ward, Robert K. Woods, and Robert LaBrum, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 24, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of the State of N.Y., New York City (Frederic L. Lieberman, Asst. Atty. Gen., New York City, of counsel, George D. Zuckerman, Asst. Sol. Gen. and Gerald J. Ryan, Asst. Atty. Gen., New York City, on the brief), for defendants-appellants.

Queens Legal Services Corp., Jamaica, N.Y. (Eric G. Poulos, Jamaica, N.Y., of counsel, Mark H. Spires, Wayne G. Hawley, Jamaica, N.Y., and Suzanne Berger, Law Intern, on the brief), for plaintiff-appellee.

Before VAN GRAAFEILAND, PIERCE and PRATT, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On this appeal, we are called upon to decide whether the inspection and confiscation of an inmate's personal diary following a prison riot violated the Fourth Amendment. On the facts of this case, our answer is "no".

I.

On August 8, 1977, a serious riot took place at the Eastern New York Correctional Facility in Naponock, New York, where Anthony DiGuiseppe was incarcerated. Characterized by the former Superintendent...

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