6. The ban on the introduction of the Prisoners' Free Press into Pennsylvania prisons was of statewide application and was in no way discriminatory with respect to any of the rights of the Plaintiff.
7. The prohibition of correspondence from Mayberry to Attorney David Kairys at Post Office Box 4731, Philadelphia, Pennsylvania, the post office box of Imprisoned Citizens Union, was in reasonable furtherance of the security of the institution and was no greater an intrusion than necessary to further that interest.
8. The restriction on receipt by an inmate of publications which are not prepaid unless the name and serial number of the inmate and State Correctional Institution at Dallas, Pennsylvania appear in the address is reasonable, in furtherance of order in the institution and rehabilitation of inmates and is no greater intrusion than is necessary to further that interest.
9. The confiscation of the United States Air Force Survival Manual from Plaintiff's cell was in reasonable furtherance of the security of the institution and the prevention of escape and was no greater an intrusion than necessary to further these interests.
10. Plaintiff's solitary confinement since November, 1972 has been in reasonable furtherance of the security of the institution and the safety of other inmates and prison personnel and is not cruel and unusual punishment.
11. Plaintiff has not demonstrated that he should be released to the general population.
12. The Plaintiff in the sixteen trial days following the day on which the jury was drawn had ample time for the presentation of all of his evidence on all of his issues concerning the liability of the Defendants.
13. Plaintiff intentionally presented his case in a dilatory manner so as to delay the proceedings and repeatedly made objections which had no merit whatsoever, well knowing that the objections were without merit, and requested innumerable bench conferences to advance positions that he knew had no merit whatsoever.
An appropriate order will be entered.
1. The Defendant Jeffes, other prison officials and officers at the State Correctional Institution, Dallas, Pennsylvania, are enjoined and restrained from opening Plaintiff's outgoing or incoming legal mail except in Plaintiff's presence or under proper warrant.
2. Mayberry's other requests for injunctive relief will be denied.
3. The claims in Mayberry's complaint which were not presented to the jury and to the Court by the end of the trial day of January 21, 1977 are dismissed with prejudice.
4. The jury's verdict of nominal damages against Perlis in favor of Mayberry is reduced to $1.00.
5. The Clerk shall enter judgment against Perlis in Mayberry's favor in the amount of $1.00.
6. The Clerk shall enter judgment in favor of all Defendants except Perlis on the special verdicts.
7. The Clerk shall enter judgment in favor of Perlis except on special verdicts 36, 37, 39, 40, and 98.
8. The Clerk of Court shall enter judgment for the Defendants as to all of Mayberry's other claims for injunctive relief which were presented to the Court by the end of the trial day of January 21, 1977.
The National Labor Relations Board sought a temporary injunction against corporation which had purchased the assets of a plant which was, at the time of the purchase, under an NLRB order that fired strikers be returned to work. The District Court, Nauman S. Scott, Chief Judge, held that, under the circumstances, the issuance of a temporary injunction was not just and proper.
Request for injunction-denied.
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