Charles L. Boals, Cross-Appellant v. Frank H. Gray, Superintendent, Ohio State Reformatory, Cross-Appellee

CORNELIA G. KENNEDY, Circuit Judge.

Charles L. Boals, plaintiff-appellee and cross-appellant in this case, is a former permanent non-probationary correctional officer of the State of Ohio. Boals commenced this action in 1976, in response to a five-day suspension imposed on him by Frank H. Gray, defendant-appellant and cross-appellee, seeking monetary and in-junctive relief under 42 U.S.C. § 1983 and declaratory relief under 28 U.S.C. §§ 2201 & 2202. Boals contended that his first amendment rights were infringed because he was suspended for union activity; that although under state law he could…