Donald K. Hess v. Olin G. Blackwell, Warden

Appellant is an inmate of the United States Penitentiary, Atlanta, Georgia. He filed in the court below a “Motion for Restraining Order” seeking to have prohibited the alleged use by prison guards of a “fluoroscopic and stationary X-ray machine” upon himself and other prisoners in the conduct of searches for contraband material when such prisoners enter or leave the institution. He asserted that the machine is negligently used by untrained personnel and causes or is likely to cause radiation burns and other injuries.

The trial court on October 13, 1967, denied the motion without an evidentiary…