MONTGOMERY v. KELLY

No. Civ-87-53C.

661 F.Supp. 1051 (1987)

Charles MONTGOMERY, Kenneth Johnson, and Frederick Franklin, Plaintiffs, v. Walter KELLY, Supt., Attica Correctional Facility, Defendant.

United States District Court, W.D. New York.

June 3, 1987.


Attorney(s) appearing for the Case

Charles Montgomery, Kenneth Johnson and Frederick Franklin, pro se.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y. (Andrew Lipkind, Asst. Atty. Gen., of counsel), Buffalo, N.Y., for defendant.


CURTIN, Chief Judge.

Plaintiffs, inmates at the Attica Correctional Facility, now bring an action against Superintendent Walter Kelly to challenge Attica's Rule 12a, which prohibits inmates from talking while moving in line within the facility (Item 1). According to plaintiffs, Rule 12a violates their first amendment rights on two grounds. First, plaintiffs say that Rule 12a is completely unreasonable and unnecessary to maintain security, but serves only to create...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases