DiSTEFANO v. WATSON


566 A.2d 1 (1989)

David R. DiSTEFANO and James Stewart, Plaintiffs Below, Appellants, v. Robert J. WATSON, Commissioner of the Delaware Department of Correction, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: October 11, 1989.

On Motion for Rehearing En Banc November 16, 1989.


Attorney(s) appearing for the Case

The defendant-appellee, Robert J. Watson, Comn.

Nancy Jane Perillo, Cooperating Atty., American Civil Liberties Union of Delaware, Wilmington, on behalf of appellants.

John J. Polk, Deputy Atty. Gen., Dept. of Justice, Wilmington, on behalf of appellee.

Before CHRISTIE, C.J., HORSEY, and HOLLAND, JJ.


HOLLAND, Justice:

This is an appeal from the entry of a final order by the Superior Court, in and for New Castle County. The plaintiffs-appellants, David R. DiStefano ("DiStefano") and James Stewart ("Stewart"), both of whom are prisoners at the Delaware Correctional Center, filed a civil petition for a writ of mandamus and declaratory relief. Their complaint challenged the validity, scope, and application to them of the February 21, 1986 amendment to 11 Del.C...

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