Legal Opinion · Dissent

MATTER OF CURLE v. Ward

New York Court of Appeals

Decided April 5, 1979Published

1DissentWachtler, J.

I would dissent. We need no more than what is in this record to meet the important constitutional issue presented by this case. Certainly our own intelligence and the documentation made a part of this record details the malevolent bigotry which the Ku Klux Klan represents. In addition the affidavits from prisoners, a psychiatrist and the Assistant Deputy Commissioner of the Department of Correctional Services, as well as our own common sense is proof enough of the effect prison guards who are members of the Klan would have on a prison population comprised mainly of Blacks and hispanics.

Only a…

2Cases cited35 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Elrod v. BurnsSupreme Court of the United States · 1976
  4. Grayned v. City of RockfordSupreme Court of the United States · 1972
  5. Broadrick v. OklahomaSupreme Court of the United States · 1973

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