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SMOAKE v. FRITZ

Nos. 70-Civ. 5103, 70-Civ. 5104.

320 F.Supp. 609 (1970)

Earl SMOAKE, Plaintiff, v. Superintendent Harry FRITZ, Auburn Correctional Facility, Superintendent John L. Zelker, Green Haven Correctional Facility, Paul D. McGinnis, Commissioner, Department of Correction, State of New York, Defendant. David WALKER, Plaintiff, v. Superintendent Harry FRITZ, Auburn Correctional Facility, Superintendent John L. Zelker, Green Haven Correctional Facility, Paul D. McGinnis, Commissioner, Department of Correction, State of New York, Defendants.

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

December 21, 1970.

Attorney(s) appearing for the Case

Elizabeth M. Fisher, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for defendants; by John G. Proudfit, Asst. Atty. Gen., of counsel.

CROAKE, District Judge.

MEMORANDUM

This is a civil rights action brought pursuant to 42 U.S.C. § 1983 and its jurisdictional complement 28 U.S.C. § 1343 by which plaintiffs Earl Smoake and David Walker have moved for preliminary injunctions restraining defendants from holding them in solitary facilities separate and apart from the general inmate population of Green Haven Correctional Facility. The facts...

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