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McCANN v. COUGHLIN

Nos. 393, 568, Dockets 82-2213, 82-2220.

698 F.2d 112 (1983)

John McCANN, Plaintiff-Appellee-Cross-Appellant, v. T. COUGHLIN, III, et al., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 6, 1983.

Attorney(s) appearing for the Case

George C. Perry, Deputy Asst. Atty. Gen., Susan L. Yarbrough, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., George D. Zuckerman, Asst. Sol. Gen., New York City, of counsel), for defendants-appellants-cross-appellees.

Max R. Shulman, New York City (Cravath, Swaine & Moore, Paul M. Dodyk, Robert N. Feltoon, New York City, of counsel), for plaintiff-appellee-cross-appellant.

Before WATERMAN, KAUFMAN and NEWMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Courts and public officials have long rejected the doctrine that a prisoner is a "slave of the state" with only those "rights which the law in its humanity accords to him." Ruffin v. Commonwealth, 62 Va. (21 Gratt) 790, 796 (1871). Although the scope of an inmate's rights is necessarily circumscribed, and at times may be further limited by exigencies such as the need to assure prison security, prisoners are not wholly without...

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