COOPER v. TARD

No. 87-5796.

855 F.2d 125 (1988)

Anthony COOPER, Abdur-Rahim Farrakhan, Conrad Corley, Robert Stevens, Rodney Daniels, William Stovall, Appellants, v. Elijah TARD, Jr., individually and in his official capacity; Willis Morton, individually and in his official capacity; Michael Voigh, individually and in his official capacity; F. Zimmer, individually and in his official capacity; Richard Byrd, individually and in his official capacity; and, Frank Markward, individually and in his official capacity. Anthony COOPER, Abdur-Rahim Farrakhan, Conrad Corley, Rodney Daniels, William Stovall v. Elijah TARD, Jr., Superintendent, Alan C. Koenigsfest, Policy Development Asst., Willis Morton, Chairperson for (M.C.U.), Gildo Depaolis, Chief Deputy, J. Swal, Guard, Michael Voigh, Guard, F. Zimmer, Guard, Richard J. Byrd, Guard. Appeal of Anthony COOPER, Abdur-Rahim Farrakhan, Conrad Corley, Rodney Daniels, Robert Stevens, and William Stovall. Anthony COOPER, # 63924, Conrad Corley, # 63302, Rodney Daniels, # 64201, Abdur Rahim Farrakhan, # 63624 v. Elijah TARD, Jr., as an individual and in his official capacity as the Warden at Trenton State Prison, Arthur Jones, as an individual and in his official capacity as Hearing Officer at Trenton State Prison, and Sgt. Frank Markward, as an individual and in his official capacity as Supervisor of the Management Control Unit, Robert Balicki, as an individual and in his official capacity as Hearing Officer at Trenton State Prison, and Officer Richard J. Byrd, as an individual and in his official capacity as a Correction Officer at Trenton State Prison. Appeal of Anthony COOPER, Abdur-Rahim Farrakhan, Conrad Corley, Rodney Daniels, Robert Stevens, and William Stovall.

United States Court of Appeals, Third Circuit.

Decided August 24, 1988.

Rehearing and Rehearing Denied October 5, 1988.


Attorney(s) appearing for the Case

Stephen M. Latimer (argued), Charles H. Jones, Rutgers Univ. Law School, Prison Law Clinic, Bloomfield, N.J., for appellants.

W. Cary Edwards, Atty. Gen., James J. Ciancia, Asst. Atty. Gen., Karen A. Wartenburg (argued), Deputy Atty. Gen., Trenton, N.J., for appellees.

Before HIGGINBOTHAM, STAPLETON and GREENBERG, Circuit Judges.


Rehearing and Rehearing In Banc Denied October 5, 1988.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This matter presents First and Fourteenth Amendment challenges to a regulation effective at Trenton State Prison and is before the court on appeal from a final judgment entered in the district court following a nonjury trial. The parties state and we agree that the appeal involves application of the decision of the Supreme Court in O'Lone v....

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