James Newkirk v. Harold N. Butler, Superintendent, of Wallkill Correctional Facility, and Peter Preiser, Commissioner of Correctional Services

MANSFIELD, Circuit Judge:

On June 8 and 9, 1972, appellee James Newkirk and four other inmates of Wallkill Correctional Facility (“Wallkill” herein), a medium security institution, were summarily transferred to maximum security facilities in New York in response to their alleged activities in support of a prisoners’ union at Wallkill. Newkirk and three of the other four brought suit in the Southern District of New York pursuant to 28 U.S.C. § 1343(3), (4), and 42 U.S.C. § 1983 against the Superintendent of Wallkill and the State Commissioner of Correctional Services for a declaration that the…