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DURAN v. CARRUTHERS

No. 89-2041.

885 F.2d 1492 (1989)

Dwight DURAN, Lonnie Duran, Sharon Towers, and all others similarly situated, Plaintiffs-Appellees, v. Garrey CARRUTHERS, Governor of the State of New Mexico, O.L. McCotter, Secretary of Corrections, and Robert J. Tansy, Warden of the Penitentiary of New Mexico, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 15, 1989.

Attorney(s) appearing for the Case

Martha J. Kaser of Sutin, Thayer & Browne (Norman S. Thayer, Saul Cohen, and Stephany S. Wilson of Sutin, Thayer & Browne, Albuquerque, N.M., Hal Stratton, Atty. Gen., Randall W. Childress, Deputy Atty. Gen., and Charles R. Peifer, Chief Asst. Atty. Gen., Santa Fe, N.M., and Joel I. Klein and Paul M. Smith of Onek, Klein & Farr, Washington, D.C., with her on the brief), for defendants-appellants.

Alvin J. Bronstein (Elizabeth Alexander and Mark Lopez, Nat. Prison Project, American Civ. Liberties Union, Washington, D.C., and Philip B. Davis, Albuquerque, N.M., with him on the brief), for plaintiffs-appellees.

Before SEYMOUR, EBEL, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

In 1977, Duran, and others, all inmates at the Penitentiary of New Mexico ("PNM"), brought a class action against the Governor of New Mexico, and other state officials, including the Warden of the PNM, alleging that in their operation of the penitentiary the defendants, acting under the color of state law, violated the plaintiffs' federal rights, both constitutional and statutory, in violation of 42 U.S.C. § 1983. In 1980, a consent...

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