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BURTON v. SHAPP

Civ. A. Nos. 74-1101, 78-381.

574 F.Supp. 637 (1983)

Fred BURTON, Plaintiff, v. Milton SHAPP, Governor of the Commonwealth of Pennsylvania, Israel Packel, Attorney General for the Commonwealth of Pennsylvania, Stewart Werner, Commissioner of the Bureau of Correction for the Commonwealth of Pennsylvania, James Howard, Warden of the State Correctional Institution at Pittsburgh, Charles Zimmerman, Deputy Warden of the State Correctional Institution at Pittsburgh, William Jennings, Deputy Warden of the State Correctional Institution at Pittsburgh, Lawrence Weyandt, Major of the Guards at the State Correctional Institution at Pittsburgh, John Jasak, Captain of the Guards at the State Correctional Institution at Pittsburgh, David Young, Casework Supervisor at the State Correctional Institution at Pittsburgh, Charles Kozakiewcz, Lieutenant of the Guards, James Robles, Sergeant of the Guards at the S.C.I. Pgh. in charge of the B.A.U., Sergeant Caruthers, Sergeant of the Guards of the S.C.I. Pgh., in charge of the B.A.U., Their Agents, Subordinates and Employees. Frederick BURTON, Plaintiff, v. William B. ROBINSON, individually and in his official capacity as Commissioner of Corrections of the Commonwealth of Pennsylvania, together with his Agents and Successors in Interest, Stewart Werner, individually and in his former official capacity as Commissioner of Corrections of the Commonwealth of Pennsylvania, Robert L. Johnson, individually and in his former official capacity as Superintendent of the State Correctional Institution at Graterford, Pennsylvania, Julius T. Cuyler, individually and in his official capacity as Superintendent of the State Correctional Institution at Graterford together with his Agents and Successors in interest, Joseph Brierly and Gilbert A. Walters, individually and in their former official capacities as Superintendent of the State Correctional Institution at Pittsburgh, Pittsburgh, Pennsylvania, James E. Howard, individually and in his official capacity as Superintendent of the State Correctional Institution at Pittsburgh together with his Agents and Successors in Interest.

United States District Court, W.D. Pennsylvania.

November 22, 1983.

Attorney(s) appearing for the Case

Paul Gettleman, Zelienople, Pa., for plaintiff.

Egler, Anstandig, Garrett & Riley, Jose Hernandez-Cuebas, Asst. Atty. Gen., Com. of Pa., Pittsburgh, Pa., for defendants.

OPINION

WEBER, District Judge.

The above-captioned matter is before us on remand for reconsideration in light of the holding in Hewitt v. Helms, ___ U.S. ___, 103 S.Ct. 864, 74 L.Ed.2d 675 (1983). The parties have agreed that no further evidentiary hearings are necessary because the record as it now stands is sufficient for our purposes. The parties have submitted briefs on the issue and the matter is now ripe for disposition.

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