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Mims v. Shapp

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


October 2, 1981

JEFFREY ROGER MIMS, JOHN JAMES KEEN, EDWARD X. SISTRUNK, GLENN X. JORDAN, FRED BURTON, VIVIAN RICHBOURG, DAVID SCOGGINS, FRANK PATTERSON, CLIFFORD FUTCH, ALL PRISONERS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PENNSYLVANIA (HEREINAFTER REFERRED TO AS S.C.I. PGH.), ALL WHO WERE OR ARE PRESENTLY CONFINED TO THE BEHAVIORAL ADJUSTMENT UNIT, (HEREINAFTER KNOWN AS THE B.A.U.), ON BEHALF OF THEMSELVES AND ALL THOSE SIMILARLY SITUATED IN THE B.A.U.
v.
MILTON SHAPP, GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, ISRAEL PACKEL, ATTORNEY GENERAL FOR THE COMMONWEAL OF PENNSYLVANIA, STEWART WERNER, COMMISSIONER OF THE BUREAU OF CORRECTIONS FOR THE COMMONWEALTH OF PENNSYLVANIA, JAMES HOWARD, WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, CHARLES ZIMMERMAN, DEPUTY WARDEN OF THE STATE CORRECTIONAL INSTITUTION, WILLIAM JENNINGS, DEPUTY WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH; LAWRENCE WEYANDT, MAJOR OF THE GUARDS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH PENNSYLVANIA, JOHN JASAK, CAPTAIN OF THE GUARDS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PENNSYLVANIA, DAVID YOUNG, CASEWORK SUPERVISOR AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PENNSYLVANIA, CHARLES KOZAKIEWCZ, LIEUTENANT OF THE GUARDS OF THE STATE CORRECTIONAL INSTITUTION AT PGH IN CHARGE OF PRISON SECURITY, JAMES ROBLES, SERGEANT OF THE GUARDS OF THE SCI PGH. IN CHARGES OF THE B.A.U., SERGEANT CARUTHERS, SERGEANT OF THE GUARDS OF THE SCI PGH. IN CHARGE OF THE B.A.U., THEIR AGENTS, SUBORDINATES AND EMPLOYEES (D.C. CIVIL NO. 74-1101); FREDERICK BURTON
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, 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, AND JAMES F. HOWARD, INDIVIDUALLY AND HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, TOGETHER WITH HIS AGENTS AND SUCCESSORS IN INTEREST (D.C. CIVIL NO. 78-0381); MILTON SHAPP, GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, ISRAEL PACKEL, ATTORNEY GENERAL FOR THE COMMONWEALTH OF PENNSYLVANIA, STEWART WERNER, COMMISSIONER OF THE BUREAU OF CORRECTIONS FOR THE COMMONWEALTH OF PENNSYLVANIA, JAMES HOWARD, WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, CHARLES ZIMMERMAN, DEPUTY WARDEN OF THE STATE CORRECTIONAL INSTITUTION, WILLIAM JENNINGS, DEPUTY WARDEN OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH; LAWRENCE WEYANDT, MAJOR OF THE GUARDS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH PENNSYLVANIA, JOHN JASAK, CAPTAIN OF THE GUARDS AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PENNSYLVANIA, DAVID YOUNG, CASEWORK SUPERVISOR AT THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, PENNSYLVANIA, CHARLES KOZAKIEWCZ, LIEUTENANT OF THE GUARDS OF THE STATE CORRECTIONAL INSTITUTION AT PGH IN CHARGE OF PRISON SECURITY, JAMES ROBLES, SERGEANT OF THE GUARDS OF THE SCI PGH. IN CHARGE OF THE B.A.U., SERGEANT CARUTHERS, SERGEANT OF THE GUARDS OF THE SCI PGH. IN CHARGE OF THE B.A.U., THEIR AGENTS, SUBORDINATES AND EMPLOYEES 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, GRATERFORD, PENNSYLVANIA, JULIUS T. CUYLER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AS 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, AND JAMES F. HOWARD, INDIVIDUALLY AND HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE STATE CORRECTIONAL INSTITUTION AT PITTSBURGH, TOGETHER WITH HIS AGENTS AND SUCCESSORS IN INTEREST, APPELLANTS , (D.C. CIVIL NOS. 74-1101 AND 78-0381)

APPEAL FROM WESTERN DISTRICT OF PENNSYLVANIA - Pittsburgh

Appeals dismissed, etc.

19811002

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