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FORTUNE SOCIETY v. McGINNIS

No. 70 Civ. 4370.

319 F.Supp. 901 (1970)

The FORTUNE SOCIETY, a non-profit corporation, Roger Champen, and Nathan Wright, on behalf of themselves and all other New York prisoners similarly situated, Plaintiffs, v. Paul D. McGINNIS, Commissioner of Correction of the State of New York, John L. Zelker, Superintendent of Green Haven Prison, Stormville, New York, and R. J. Henderson, Acting Superintendent, Eastern New York Correctional Facility, Napanoch, New York, Defendants.

United States District Court, S. D. New York.

November 24, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen., of New York, New York City, for defendants, Lillian Z. Cohen, Asst. Atty. Gen., of counsel.

Stanley A. Bass, Stephen Shestakofsky, The Fortune Society, New York City, for plaintiffs.

EDWARD WEINFELD, District Judge.

This is an action brought under the Civil Rights Act, 28 U.S.C., section 1343, and 42 U.S.C., section 1983,1 to protect the right of New York State prisoners to receive Fortune News, a newsletter regularly issued by The Fortune Society, Incorporated.

Plaintiffs are The Fortune Society and two individuals confined to New York State correctional institutions, who sue on behalf of themselves and others...

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