Hodges v. Klein

• Decision Date: 09 September 1977
• Docket Number: No. 76-2662,76-2662
• Citation: 562 F.2d 276
• Parties: Louis W. HODGES, Ernest R. Pace, David G. Baldwin, Jerome Boulding, Theodore Gibson, Elliot Hampton, Charles Holman, Ellison Jones, George Martin, Robert Matthews, Kenneth Roberts, Thomas Rumph, John Scott, Thaddeus Springs, Calvin Strothers, and Curtis Tillman, John Washington, Charles E. Allen, # 56176, on behalf of themselves and all others similarly situated who are or have ever been assigned and transferred to the Management Control Unit of the Trenton State Prison, Appellants, v. Ann KLEIN, Commissioner of the New Jersey Department of Institutions and Agencies, William H. Fauver, Director of the Division of Correction and Parole in the New Jersey Department of Institutions and Agencies, Richard A. Seidl, Supervising Superintendent of the State Prison Complex, Division of Correction and Parole, New Jersey Department of Institutions and Agencies, Alan R. Hoffman, Superintendent of the State Prison at Trenton, New Jersey, William Anderson, Chief Deputy and Special Classification Committee Member of the State Prison at Trenton, New Jersey, Robert G. Simmons, Corrections Captain of the State Prison at Trenton, New Jersey, Lawrence Ashton, Corrections Lieutenant and Chief of the Management Control Unit of the State Prison at Trenton, New Jersey, Stan Samuelson, Director of Professional Services and Special Classification Committee Member of the State Prison at Trenton, New Jersey, E. Calvin Neubert, Special Classification Committee Member of the State Prison at Trenton, New Jersey, John Doe, Special Classification Committee Member of the State Prison at Trenton, New Jersey, Tom Foe, Special Classification Committee Member of the State Prison at Trenton, New Jersey, all individually and in their official capacities. John WASHINGTON, Appellant, v. Alan R. HOFFMAN, Superintendent, New Jersey State Prison at Trenton, New Jersey. Charles E. ALLEN, # 56176, Appellant, v. Ann KLEIN, Commissioner, Dept. of Institutions & Agencies, Individually and in her official capacity,
• Court: U.S. Court of Appeals — Third Circuit

Page 276

562 F.2d 276

Louis W. HODGES, Ernest R. Pace, David G. Baldwin, Jerome

Boulding, Theodore Gibson, Elliot Hampton, Charles Holman,

Ellison Jones, George Martin, Robert Matthews, Kenneth

Roberts, Thomas Rumph, John Scott, Thaddeus Springs, Calvin

Strothers, and Curtis Tillman, John Washington, Charles E.

Allen, # 56176, on behalf of themselves and all others

similarly situated who are or have ever been assigned and

transferred to the Management Control Unit of the Trenton

State Prison, Appellants, v. Ann KLEIN, Commissioner of the New Jersey Department of

Institutions and Agencies, William H. Fauver, Director of

the Division of Correction and Parole in the New Jersey

Department of Institutions and Agencies, Richard A. Seidl,

Supervising Superintendent of the State Prison Complex,

Division of Correction and Parole, New Jersey Department of

Institutions and Agencies, Alan R. Hoffman, Superintendent

of the State Prison at Trenton, New Jersey, William

Anderson, Chief Deputy and Special Classification Committee

Member of the State Prison at Trenton, New Jersey, Robert G.

Simmons, Corrections Captain of the State Prison at Trenton,

New Jersey, Lawrence Ashton, Corrections Lieutenant and

Chief of the Management Control Unit of the State Prison at

Trenton, New Jersey, Stan Samuelson, Director of

Professional Services and Special Classification Committee

Member of the State Prison at Trenton, New Jersey, E. Calvin

Neubert, Special Classification Committee Member of the

State Prison at Trenton, New Jersey, John Doe, Special

Classification Committee Member of the State Prison at

Trenton, New Jersey, Tom Foe, Special Classification

Committee Member of the State Prison at Trenton, New Jersey,

all individually and in their official capacities.

John WASHINGTON, Appellant, v. Alan R. HOFFMAN, Superintendent, New Jersey State Prison at

Trenton, New Jersey.

Charles E. ALLEN, # 56176, Appellant, v. Ann KLEIN, Commissioner, Dept. of Institutions & Agencies,

Individually and in her official capacity, Alan R. Hoffman,

Superintendent, Trenton State Prison, Trenton, New Jersey,

Individually and in his official capacity, William Anderson,

Chief Deputy and member of the special classification

committee at Trenton State Prison, Trenton, New Jersey,

Individually and in his official capacity, E. Calvin

Neubert, Special Classification Committee Member at Trenton

State Prison, Trenton, New Jersey, Individually and in his

official capacity, Stan Samuelson, Director of Professional

Services and Special Classification Committee member at

Trenton State Prison, Trenton, New Jersey, Individually and

in his official capacity.

No. 76-2662.

United States Court of Appeals Third Circuit.

Submitted Under Third Circuit Rule 12(6) Sept. 9, 1977.

Decided Sept. 19, 1977.

Leora Mosston, Prisoner's Rights Organized Defense, Newark, N. J., Stephen M. Latimer, Rutgers University Law School, Prison Law Clinic, Newark, N. J., for appellants.

William F. Hyland, Atty. Gen. of New Jersey, Trenton, N. J., Stephen Skillman, Asst. Atty. Gen., Trenton, N. J., of counsel, Joseph T. Maloney, Deputy Atty. Gen., Trenton, N. J., on the...