HOLMAN v. HILTON

No. 82-5563.

712 F.2d 854 (1983)

Charles C. HOLMAN, Jr., Appellee, v. Gary J. HILTON, Superintendent, New Jersey State Prison, Trenton, Robert Hatrak, Superintendent, New Jersey State Prison, Rahway, Donald Tucker, Assistant to the Superintendent, New Jersey State Prison, Trenton, Joseph Call, Chairman of Institutional Classification Committee, Captain A. Richardson, Captain at New Jersey State Prison, Trenton, Captain R. Curran, Captain at New Jersey State Prison, Rahway, and Lieutenant Williams, Lt., at New Jersey State Prison, Trenton, Appellants. Charles C. HOLMAN, Appellee, v. Gary J. HILTON, Superintendent, New Jersey State Prison at Trenton; Alan R. Hoffman, Former Superintendent, New Jersey State Prison at Trenton; William Baum, Investigations Officer, New Jersey State Police; Lawrence Ashton, Lieutenant, New Jersey State Prison; James Williams, Lieutenant, New Jersey State Prison at Trenton, individually, and in their official capacities. Appeal of Gary J. HILTON, Alan R. Hoffman, William Baum, Lawrence Ashton and James Williams.

United States Court of Appeals, Third Circuit.

Decided July 6, 1983.


Attorney(s) appearing for the Case

Irwin I. Kimmelman, Atty. Gen. of N.J., James J. Ciancia, Asst. Atty. Gen., Peter R. Freed, Deputy Atty. Gen. (argued), Trenton, N.J., for appellants.

Joseph H. Rodriguez, Public Defender of N.J., Arthur Penn, Asst. Public Defender, Paul M. Klein, Asst. Public Defender (argued), East Orange, N.J., for appellees.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and STAPLETON, District Judge.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Gary J. Hilton, Superintendent of the New Jersey State Prison at Trenton, and other New Jersey State Prison employees, individually and in their official capacities (hereinafter cited as "defendants" or the "State"), appeal from an interlocutory order of the United States District Court for the District of New Jersey granting Charles Holman's motion for summary judgment. Holman had moved for summary...

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