People ex rel. Price v. Warden of New York City Correctional Institution

Murphy, J. (dissenting).

I disagree and vote to sustain the writ.

The simple question raised on this appeal is whether relator was denied rudimentary due process before being subjected to first punitive and then administrative segregation because of his refusal to transfer to homosexual housing. The more complex issue before us is whether respondent’s General Order No. 33, segregating homosexuals from the inmate population at large is unconstitutional on its face, or under the circumstances of this case.

Appellant was confined at the New York City Correctional Institution for Men at Hiker’s…