United States ex rel. Stuart v. Yeager, Civ. A. No. 954-68.

• Decision Date: 03 December 1968
• Docket Number: Civ. A. No. 954-68.
• Citation: 293 F. Supp. 1079
• Parties: UNITED STATES of America ex rel. Richard J. STUART, Petitioner, v. H. YEAGER, Principal Keeper, New Jersey State Prison, et al., Respondents.
• Court: U.S. District Court — District of New Jersey

293 F. Supp. 1079

UNITED STATES of America ex rel. Richard J. STUART, Petitioner, v. H. YEAGER, Principal Keeper, New Jersey State Prison, et al., Respondents.

Civ. A. No. 954-68.

United States District Court D. New Jersey.

December 3, 1968.

OPINION AND ORDER

COOLAHAN, District Judge:

This is an application for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241 et seq., which the court has permitted petitioner to file in forma pauperis. Because of the relief sought by petitioner, who is presently in state custody, the court will treat the matter as arising under 42 U.S.C. § 1981 et seq., the Civil Rights Act. Petitioner, therefore, need not first pursue the relief he seeks in the state courts, but may apply directly to the federal courts. Lane v. Wilson, 307 U.S. 268, 59 S.Ct. 872, 83 L.Ed. 1281 (1939); Cooper v. Hutchinson, 184 F.2d 119 3d Cir. 1950).

Petitioner claims that his rights under the Fifth, Sixth, Eighth and Fourteenth Amendments have been abridged and that he has been denied due process of law, assistance of counsel, equal protection of the laws, protection against cruel and unusual punishment, and protection against the abridgement by the state of privileges and immunities of a citizen of the United States. Petitioner's main complaint is that he was transferred from the State Prison at Rahway to the State Prison at Trenton, and he asks to be returned to Rahway, for reimbursement of expenses he incurred as a result of the transfer, and for an order restraining any New Jersey State Prison official from making "future, irresponsible transfers of petitioner."¹ He complains that his transfer was illegal, in that, among other things:

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c-2) Petitioner was deprived of his preferred locking assignment * * * which is a larger, more modern, single-occupancy cell with tile walls, outside window with a view of the Recreation Yard and an ample expanse of sky, a large bed with springs, an upright locker as well as a foot locker for clothes and personal property, a desk and chair, and a solid door to reduce outside noise.

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c-6) Petitioner now is located in a tiny, all metal and concrete cell up on the fourth level of the wing with three sets of bars between him and the window revealing a view of the blank wall and roof of an adjoining wing.

c-7) Petitioner was deprived of access to the Rahway Prison Recreation Yard (for an approximately equal or smaller inmate population), which is considerably larger and is more attractive in that it contains grassy areas that are not to be found in the Trenton Prison Yard; also, because of the location of the Trenton prison, the Yard here is subject to a much higher degree of air pollution. And petitioner is deprived of access to the Rahway prison Drill Hall and separate television, card and pool rooms; all such activities here at Trenton are impractically combined into one room with much more limited access.

c-8) Transfer deprived petitioner of opportunity to have personal underwear, towels and sweatshirts laundered weekly by the Institutional Laundry as is permitted at Rahway; here they must be hand washed in a bucket and hung up to dry on a make-shift clothes line in petitioner's cell. Without the use of personal underwear, etc., to supplement the State issue inmates are limited to three sets of underwear per week and none on laundry day, one all-purpose towel per week and no sweatshirts (used to avoid wearing for recreation a State shirt which is only washed once a week.)

c-9) Petitioner was deprived of opportunity to bring his thermos bottle filled with coffee out of the Inmate Dining Room back to his cell as is permitted at Rahway; here instant coffee, milk and sugar must be purchased from the inmate store and prepared with tap, hot water not available in the cells but obtained with some difficulty, only during mass movements from a utility sink up on the fifth level of this wing.

c-10) Transfer necessitated otherwise unnecessary change of address correspondence by petitioner and at petitioner's expense to three magazines (U. S. NEWS & WORLD REPORT, TIME & PLAYBOY) to which he subscribes * * *

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c-12) Transfer is depriving petitioner of the opportunity of viewing new movies shown to all inmates in population and not restricted for medical or disciplinary reasons; after next Saturday * * * four of the following five weekly movies scheduled for showing here at Trenton have already been shown at Rahway and been seen by petitioner. Meanwhil

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