BROWN v. DEPARTMENT OF CORRECTIONS


144 Pa.Commw. 610 (1992)

601 A.2d 1345

Mr. James BROWN et al., Petitioners, v. DEPARTMENT OF CORRECTIONS, in their Official Capacity, and Mr. Jeffrey Beard, in his Official Capacity as Superintendent of Camp Hill, and Mr. Ernest D. Preate, Jr., in his Official Capacity as Attorney General of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 8, 1992.


Attorney(s) appearing for the Case

Robert Altland and Howard Hugar, Jr., for petitioners.

Sandra W. Stoner, Deputy Atty. Gen., for respondent, Atty. Gen.

David B. Farney, Acting Chief Counsel, for respondent, Dept. of Corrections and Jeffrey A. Beard.

Before COLINS and KELLEY, JJ., and NARICK, Senior Judge.


KELLEY, Judge.

James Brown, William Lucas, Robert Altland, Tony Hugar and Chris Jordan (prisoners) bring this suit in our original jurisdiction alleging that the Department of Corrections (DOC) lacked the authority to transfer the prisoners to a federal institution.1 The prisoners argue that because the transfer was in violation of both federal constitutional rights and state law, their sentences have been rendered void. Prisoners, therefore...

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