Legal Opinion

United States ex rel. Ervin v. Sawner

District Court, S.D. New York

Decided February 16, 1971No. 71 Civ. 101PublishedCited by 2 opinions

1Opinion of the Court

MANSFIELD, District Judge.

This habeas corpus petition by a state prisoner arises out of a disturbance which occurred on March 5, 1970, in the mess hall at Green Haven Prison. Fifty prisoners — out of about 750 — threw bowls and trays. During the melee several guards were struck by thrown objects and by trays held by the inmates. One prison officer so injured was Raymond MacDermott, who was struck from the rear with a metal tray and fell to his *1109knees. MaeDermott was unable to return to his duties for about three weeks. While he did not see his attacker, Officer Roger Gibney swears that he…

2Cases cited5 opinions

  1. Ahrens v. ClarkSupreme Court of the United States · 1948
  2. United States v. GriffinSupreme Court of the United States · 1938
  3. United States of America Ex Rel. Arthur Rudick v. Melvin Laird, Secretary of Defense, and Stanley Resor, Secretary of the ArmyCourt of Appeals for the Second Circuit · 1969
  4. United States ex rel. Jimenez v. ConboyDistrict Court, S.D. New York · 1970
  5. U. S. A. ex rel. Ruffin v. MancusiDistrict Court, E.D. New York · 1969

3Cited by2 opinions

  1. Gist v. HendersonDistrict Court, W.D. New York · 1975
  2. United States Ex Rel. Ayala v. TubmanDistrict Court, E.D. New York · 1973

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