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HURLEY v. WARD

No. 77 Civ. 3847.

448 F.Supp. 1227 (1978)

Michael X. HURLEY, Plaintiff, v. Benjamin J. WARD, Commissioner of the Department of Correctional Services, and Joseph Keenan, Director of Special Housing Units (Punitive Segregation), Individually and in their official capacities, Defendants.

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

April 11, 1978.

Attorney(s) appearing for the Case

Lanny Earl Walter, Daniel J. Steinbock, Prisoners' Legal Services of New York, Albany, N. Y., for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants, Paul E. Dahlman, Deputy Asst. Atty. Gen., New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

The Issue and Facts

This is a motion for preliminary injunction brought by plaintiff Michael X. Hurley, an inmate in the New York State Correction System. The action is brought pursuant to 42 U.S.C. § 1983. Plaintiff seeks to enjoin state correctional officers from routinely subjecting him to a strip-frisk search in the absence of probable cause...

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