HERTZ v. CLEARY

No. S-4261.

835 P.2d 438 (1992)

Sidney HERTZ, Appellant, v. Michael CLEARY, Demetry Kenezuroff, Harry Morgan, Bob Owen, Thomas Walters, and Ernest Morgan; Robert Smith, Commissioner, Department of Health and Social Services; Roger Endell, Director, Division of Adult Corrections; Vernon Caulkins, Assistant Director, Division of Adult Corrections, Department of Health and Social Services; Reverend William Lyons, Beverly Dunham, Frederick Pettyjohn, Al Widmark, and Conrad Miller, all of the Alaska Parole Board; Samuel Trivette, Executive Director of the Alaska Board of Parole, and their subordinates, employees and agents, Appellees.

Supreme Court of Alaska.

May 29, 1992.


Attorney(s) appearing for the Case

Sidney R. Hertz, pro per.

Michael J. Stark, Asst. Atty. Gen., Charles E. Cole, Atty. Gen., Juneau, Philip R. Volland, Rice, Volland and Gleason, Anchorage, and Vance A. Sanders, Alaska Legal Services, Juneau, for appellees.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS and COMPTON, JJ.


OPINION

RABINOWITZ, Chief Justice.

The central contention in this appeal is that the superior court erred in failing to grant Sidney Hertz's motion to intervene as a pro se plaintiff in the Cleary class action litigation challenging prison conditions.

I. FACTS AND PROCEEDINGS.

The Cleary litigation began in 1981 as a Civil Rule 23 class action challenging the conditions of Alaska's correctional facilities. The class consisted...

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