Legal Opinion
Burton v. Shapp
District Court, W.D. Pennsylvania
Decided November 22, 1983No. Civ. A. 74-1101, 78-381PublishedCited by 3 opinions
1Opinion of the Court
OPINION
WEBER, District Judge.
The above-captioned matter is before us on remand for reconsideration in light of the holding in Hewitt v. Helms, — U.S. -, 103 S.Ct. 864, 74 L.Ed.2d 675 (1983). The parties have agreed that no further evidentiary hearings are necessary because the record as it now stands is sufficient for our purposes. The parties have submitted briefs on the issue and the matter is now ripe for disposition.
I. HISTORY
A brief review of the factual and procedural history of this case is in order. A more detailed understanding may be gleaned from the previous opinions and orders. 1
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2Cases cited10 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Hewitt v. HelmsSupreme Court of the United States · 1983
- Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
- Kelly v. BrewerCourt of Appeals for the Eighth Circuit · 1975
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3Cited by3 opinions
- Mims v. ShappCourt of Appeals for the Third Circuit · 1984
- Clark v. BrewerDistrict Court, S.D. Iowa · 1983
- 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 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 at Pittsburgh, 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. 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 E. Howard, Individually and in His Official Capacity as Superintendent of the State Correctional Institution at Pittsburgh, Together With His Agents and Successors in Interest. Appeal of Milton Shapp, Governor of the Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 1984