CARTER v. McGINNIS

Civ. No. 1970-539.

351 F.Supp. 787 (1972)

Henry CARTER et al., Plaintiffs, v. Paul D. McGINNIS, Commissioner of Corrections of the State of New York, et al., Defendants.

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

November 21, 1972.


Attorney(s) appearing for the Case

Herman Schwartz, Buffalo, N. Y., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of State of New York (John H. Stenger, Sp. Asst. Atty. Gen., Buffalo, N. Y., of counsel), for defendants.


CURTIN, District Judge.

In this action, the plaintiffs1 raise several claims which arise out of their confinement in segregation at the Attica Correctional Facility and which allege violation by the defendants of various rights secured by the United States Constitution and 42 U.S.C. § 1983. This court has jurisdiction of the action under 28 U.S.C. §§ 1343(3) and 2201.

Pending at present are a motion for summary judgment...

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