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PEARSON v. TOWNSEND

Civ. A. Nos. 72-1086, 72-1296 and 72-1427.

362 F.Supp. 207 (1973)

James PEARSON, Plaintiff, v. Harvey TOWNSEND et al., Defendants. Jimmy HEARDE, Plaintiff, v. MEMBERS OF the INMATE ADJUSTMENT COMMITTEE et al., Defendants. Jimmy HEARDE, Plaintiff, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS et al., Defendants.

United States District Court, D. South Carolina, Columbia Division.

July 19, 1973.

Attorney(s) appearing for the Case

Robert R. Madama, Jr., Legal Aid Service Agcy., Richard James Whitaker, S. C. Council on Human Relations, Herbert E. Buhl, III, American Civil Liberties Union, Columbia, S. C., for plaintiffs.

Daniel McLeod, Atty. Gen. of S. C., Columbia, S. C., for defendants.

ORDER

SIMONS, District Judge.

Is an inmate confined in a state penal institution entitled to due process of law when he is charged with an infraction of the institution's rules? If so, how much due process must be afforded him? These are the broad general issues raised in these actions.

These matters have all been brought pursuant to 42 U.S.C. § 1983, by which plaintiffs generally allege that they have been deprived, under color of state law...

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