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McBRIDE v. McCORKLE

44 N.J. Super. 468 (1957)

130 A.2d 881

JAMES McBRIDE, PLAINTIFF-APPELLANT, v. LLOYD W. McCORKLE, PRINCIPAL KEEPER OF THE NEW JERSEY STATE PRISON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 15, 1957.

Attorney(s) appearing for the Case

Mr. Hamilton F. Kean argued the cause for appellant.

Mr. Eugene T. Urbaniak, Deputy Attorney-General, argued the cause for respondent (Mr. Grover C. Richman, Jr., Attorney-General, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiff is now serving a life sentence at the New Jersey State Prison as an habitual offender. In October 1956 he filed what was in effect a petition in the Chancery Division praying that an order to show cause be issued directing defendant McCorkle, then Principal Keeper of the State Prison, to explain why he was subjecting plaintiff to cruel and unusual punishment through prolonged "solitary confinement...

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