MIMS v. SHAPP

No. 83-5906.

744 F.2d 946 (1984)

Jeffrey Roger MIMS, John James Keen, Edward X. Sistrunk, Glenn X. Jordan, Fred Burton, Vivian Richbourg, David Scoggins, Frank Patterson, Clifford Futch, all prisoners at the State Correctional Institution at Pittsburgh, Pennsylvania (hereinafter referred to as S.C.I. Pgh.) — all who were or are presently confined to the Behavioral Adjustment Unit, [Hereinafter known as the B.A.U.), on behalf of themselves and all those similarly situated in the B.A.U. v. Milton SHAPP, Governor of the Commonwealth of Pennsylvania, Israel Packel, Attorney General for the Commonwealth of Pennsylvania, Stewart Werner, Commissioner of the Bureau of Corrections for the Commonwealth of Pennsylvania, James Howard, Warden of the State Correctional Institution at Pittsburgh, Charles Zimmerman, Deputy Warden of the State Correctional Institution at Pittsburgh, William Jennings, Deputy Warden of the State Correctional Institution at Pittsburgh, Lawrence Weyandt, Major of the Guards at the State Correctional Institution at Pittsburgh, Pennsylvania, John Jasak, Captain of the Guards at the State Correctional Institution at Pittsburgh, Pennsylvania, David Young, casework Supervisor at the State Correctional Institution at Pittsburgh, Pennsylvania, Charles Kozakiewcz, Lieutenant of the Guards of the State Correctional Institution at Pgh. in charge of Prison security, James Robles, Sergeant of the Guards of the SCI Pgh. in Charge of the B.A.U., Sergeant Caruthers, Sergeant of the Guards of the SCI Pgh. in Charge of the B.A.U., Their Agents, Subordinates and Employees. Frederick BURTON v. William B. ROBINSON, Individually and in his official capacity as Commissioner of Corrections of the Commonwealth of Pennsylvania, together with his Agents and Successors in Interest Stewart Werner, Individually and in his former official capacity as Commissioner of Corrections of the Commonwealth of Pennsylvania, Robert L. Johnson, Individually and in his former official capacity as Superintendent of the State Correctional Institution at Graterford, Graterford, Pennsylvania, Julius T. Cuyler, Individually and in his official capacity as Superintendent of the State Correctional Institution at Graterford, together with his Agents and successors in Interest Joseph Brierly and Gilbert A. Walters, Individually and in their former official capacities as Superintendent of the State Correctional Institution at Pittsburgh, Pittsburgh, Pennsylvania, and James E. Howard, individually and in his official capacity as Superintendent of the State Correctional Institution at Pittsburgh, together with his Agents and Successors in Interest. Appeal of Milton SHAPP, Governor of the Commonwealth of Pennsylvania, et al.

United States Court of Appeals, Third Circuit.

Decided September 17, 1984.

Rehearing Denied October 12, 1984.


Attorney(s) appearing for the Case

LeRoy Zimmerman, Atty. Gen., Jose' Hernandez-Cuebas, Deputy Atty. Gen., Andrew S. Gordon, Sr. Deputy Atty. Gen. (argued), Allen C. Warshaw, Sr. Deputy Atty. Gen., Chief, Litigation Section, Louis Anstandig, Egler, Anstandig, Garret & Riley, Pittsburgh, Pa., for appellants.

Paul R. Gettleman, (argued), Eleanore N. Gettleman, Zelienople, Pa., for appellees.

Before ALDISERT, Chief Judge, WEIS, Circuit Judge, and RE, Judge.


OPINION OF THE COURT

ALDISERT, Chief Judge.

This appeal is brought by Pennsylvania prison officials, defendants below, from a judgment and damages award entered in favor of a state prisoner. The action was commenced under 42 U.S.C. § 1983 and tried without a jury. We must decide whether the district court erred in determining that defendants violated the prisoner's due process rights by denying him meaningful periodic review during segregated confinement...

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