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SMALL v. HORN

554 Pa. 600 (1998)

722 A.2d 664

Elwood SMALL, Brian M. Meyers, Jon E. Yount, Abdullah Muhammed, George Feigley, Clayton Thomas, Kevin Lively, Marshall Hale and Stephan Williams v. Martin F. HORN, Secretary, Department of Corrections. Appeal of Elwood Small, Jon E. Yount and Bryan Galvin (Intervenor).

Supreme Court of Pennsylvania.

Decided December 23, 1998.

Attorney(s) appearing for the Case

Elwood Small, Pro se, Appellant.

Jon E. Yount, Pro Se, Appellant.

Bryan Galvin, Pro Se, Intervenor.

Heather Faust, Camp Hill, for Martin F. Horn, Appellee.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

SAYLOR, Justice.

This is a direct appeal from an order of the Commonwealth Court sustaining preliminary objections of the Department of Corrections in an action by inmates confined in a state prison, who seek to invalidate the Department's revocation of their permission to wear civilian clothing.

In 1978 the United States District Court for the Eastern District of Pennsylvania approved a consent decree (the "Decree") entered into by...

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