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FITZGERALD v. PROCUNIER

No. C-74-1969-CBR.

410 F.Supp. 1186 (1976)

Maurice FITZGERALD, Plaintiff, v. Raymond PROCUNIER, Individually and in his official capacity as Director of the California Department of Corrections, et al., Defendants.

United States District Court, N. D. California.

April 23, 1976.

Attorney(s) appearing for the Case

Susan Kaplan, San Francisco, Cal., for plaintiff.

Evelle J. Younger, Atty. Gen., Jack R. Winkler, Chief Asst. Atty. Gen., Edward P. O'Brien, Asst. Atty. Gen., Karl S. Mayer, Kenneth C. Young, Deputy Attys. Gen., San Francisco, Cal., for defendants.

MEMORANDUM OF OPINION AND ORDER

RENFREW, District Judge.

Plaintiff, a prisoner in state custody at San Quentin State Prison, Tamal, California, originally brought this civil rights action under 42 U.S.C. § 1983 alleging that his rights under the Eighth and Fourteenth Amendments to the Constitution had been violated. In its Memorandum of Opinion and Order dated May 5, 1975,1 this Court granted defendants' motion to dismiss...

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