preiser
newkirk
argued
january
decided
june
transferred
without
explanation
hearing
medium
security
maximum
security
prison
new
york
involvement
conflict
among
inmates
concerning
petition
prisoners
union
former
prison
respondent
brought
suit
petitioner
prison
officials
seeking
declaratory
injunctive
relief
district
granting
relief
part
ruled
transfer
violated
due
process
clause
fourteenth
amendment
made
without
explanation
respondent
opportunity
heard
appeals
affirmed
modification
holding
inter
alia
suit
mooted
fact
respondent
returned
medium
security
prison
prior
district
ruling
respondent
later
transferred
minimum
security
prison
soon
eligible
parole
held
light
respondent
return
medium
security
prison
later
transfer
minimum
security
prison
suit
present
case
controversy
required
art
iii
constitution
moot
must
dismissed
since
original
complaint
reasonable
expectation
wrong
repeated
question
presented
fall
within
category
harm
capable
repetition
yet
evading
review
pp
vacated
remanded
burger
delivered
opinion
brennan
stewart
white
marshall
blackmun
powell
rehnquist
joined
marshall
filed
concurring
statement
post
douglas
filed
dissenting
statement
post
hillel
hoffman
assistant
attorney
general
new
york
argued
cause
petitioners
brief
louis
lefkowitz
attorney
general
samuel
hirshowitz
first
assistant
attorney
general
joel
lewittes
assistant
attorney
general
daniel
pochoda
argued
cause
respondent
brief
william
hellerstein
marjorie
mazen
smith
solicitor
general
bork
acting
assistant
attorney
general
keeney
deputy
solicitor
general
frey
joseph
davies
filed
brief
amicus
curiae
urging
reversal
barbara
milstein
alvin
bronstein
arpiar
saunders
jack
greenberg
stanley
bass
cary
coen
filed
brief
national
prison
project
et
al
amici
curiae
urging
affirmance
chief
justice
burger
delivered
opinion
respondent
newkirk
inmate
new
york
prison
system
since
conviction
murder
second
degree
initially
confined
ossining
correctional
facility
subsequently
attica
correctional
facility
green
correctional
facility
auburn
correctional
facility
facilities
maximum
security
institutions
time
respondent
confined
located
different
parts
new
york
april
nine
years
initial
confinement
transferred
wallkill
correctional
facility
medium
security
institution
district
appeals
found
seriously
disputed
wallkill
facility
unique
advantages
correctional
institutions
new
york
system
fewer
restrictions
physical
restraints
well
comprehensive
rehabilitation
program
early
petition
aimed
formation
prisoners
union
circulated
wallkill
event
produced
vociferous
controversy
among
prisoners
tension
among
inmates
according
district
stemmed
part
hostility
existing
prisoner
representative
committee
toward
union
movement
prison
administration
however
forbid
actively
discourage
circulation
petition
administrators
however
monitor
level
unrest
within
prison
brought
clash
opinions
petition
june
general
meeting
inmates
petition
discussed
loudly
contending
factions
meeting
dispersed
peacefully
however
without
incidents
violence
respondent
attend
meeting
previously
signed
proposed
union
constitution
immediately
prior
meeting
received
petition
fellow
inmate
signed
passed
along
report
prepared
assistant
deputy
superintendent
identified
newkirk
one
inmates
canvassing
union
charge
violation
regulations
misconduct
report
including
naming
newkirk
apparently
based
information
officers
given
assistant
deputy
superintendent
newkirk
afforded
opportunity
give
account
following
day
june
superintendent
called
central
office
department
corrections
arranged
transfer
several
inmates
including
newkirk
facilities
within
state
corrections
system
transfer
newkirk
effected
june
summoned
infirmary
informed
transferred
newkirk
transferred
clinton
correctional
facility
maximum
security
institution
conditions
general
prison
population
clinton
substantially
different
wallkill
clinton
cells
locked
access
library
recreational
facilities
limited
rehabilitation
programs
less
extensive
newkirk
requested
assignment
arrived
clinton
understood
waiting
list
assigned
residence
superintendent
clinton
wage
earned
wallkill
since
newkirk
family
lived
new
york
city
miles
wallkill
miles
clinton
transfer
clinton
made
visits
family
difficult
newkirk
three
four
prisoners
transferred
wallkill
brought
suit
district
southern
district
new
york
pursuant
superintendent
wallkill
state
commissioner
correctional
services
requested
declaratory
judgment
transfers
violation
constitution
laws
injunction
ordering
return
wallkill
expunging
record
transfer
prohibiting
future
transfers
without
hearing
district
denied
preliminary
injunction
set
case
trial
accelerated
basis
prior
commencement
trial
two
plaintiffs
released
complaint
dismissed
insofar
related
trial
another
plaintiff
released
action
dismissed
well
subsequently
newkirk
returned
wallkill
superintendent
institution
also
memorandum
placed
respondent
file
explained
nature
transfer
noted
transfer
disciplinary
reasons
bearing
eligibility
parole
decisions
committee
district
held
transfer
violated
due
process
clause
fourteenth
amendment
since
made
without
explanation
newkirk
opportunity
heard
entered
declaratory
judgment
required
newkirk
given
explanation
opportunity
heard
connection
future
transfer
declared
adverse
parole
action
taken
newkirk
punishment
administered
transfer
held
newkirk
informed
scope
permissible
behavior
wallkill
circumstances
warrant
transfer
another
prison
future
time
however
refused
prayer
injunction
future
summary
transfers
persuaded
threat
transfer
sufficiently
great
time
newkirk
butler
supp
concluded
present
posture
case
sufficiently
delineated
controversy
merit
adjudication
nothing
explanatory
note
included
record
transfer
action
adverse
plaintiff
whether
reference
parole
discipline
based
information
also
denied
request
record
transfer
expunged
file
appeals
affirmed
judgment
modification
held
prisoner
suffers
substantial
loss
result
transfer
entitled
basic
elements
rudimentary
due
process
notice
opportunity
heard
whether
transfer
part
formal
disciplinary
proceeding
whether
adverse
parole
consequences
nothing
formal
disciplinary
proceedings
case
appeals
relied
fact
transfer
changed
newkirk
living
conditions
job
assignment
training
opportunities
however
although
agreeing
advance
publication
rules
violation
might
result
transfer
serve
salutary
function
avoiding
misunderstanding
resentment
appeals
concluded
requiring
prison
officials
draw
rules
place
officials
unnecessary
straight
jacket
sic
ibid
therefore
modified
judgment
district
remove
requirement
order
although
specifically
noting
newkirk
returned
wallkill
clinton
appeals
held
suit
moot
since
ven
return
remained
subject
new
transfer
time
ibid
furthermore
despite
district
reliance
goodfaith
assurances
prison
officials
transfer
adverse
effect
newkirk
parole
possibility
appeals
concluded
entitled
judicial
decree
effect
ibid
granted
petitioners
petition
writ
certiorari
presented
following
question
whether
prison
inmate
transferred
within
state
medium
security
institution
maximum
security
institution
without
imposition
disciplinary
punishment
entitled
due
process
clause
fourteenth
amendment
notice
reasons
transfer
opportunity
heard
granting
petition
however
directed
parties
brief
argue
question
mootness
developments
since
original
challenged
transfer
must
read
light
newkirk
transfer
wallkill
also
later
transfer
decision
appeals
edgecombe
correctional
facility
minimum
security
institution
new
york
city
newkirk
eligible
parole
july
exercise
judicial
power
art
iii
constitution
depends
existence
case
controversy
noted
north
carolina
rice
federal
neither
power
render
advisory
opinions
decide
questions
affect
rights
litigants
case
judgments
must
resolve
real
substantial
controversy
admitting
specific
relief
decree
conclusive
character
distinguished
opinion
advising
law
upon
hypothetical
state
facts
quoting
aetna
life
ins
haworth
noted
last
term
opinion
justice
brennan
steffel
thompson
rule
federal
cases
actual
controversy
must
extant
stages
review
merely
time
complaint
filed
see
roe
wade
sec
medical
comm
human
rights
munsingwear
maryland
casualty
pacific
noting
difficulty
fashioning
precise
test
universal
application
determining
whether
request
declaratory
relief
become
moot
held
basically
question
case
whether
facts
alleged
circumstances
show
substantial
controversy
parties
adverse
legal
interests
sufficient
immediacy
reality
warrant
issuance
declaratory
judgment
emphasis
supplied
class
action
newkirk
sought
damages
noted
supra
ruling
district
newkirk
transferred
back
wallkill
months
adverse
action
taken
period
notation
made
file
expressly
stating
transfer
bearing
future
determinations
made
board
parole
time
allowance
committee
newkirk
transferred
noted
minimum
security
facility
new
york
city
therefore
clear
correction
authorities
harbor
animosity
toward
newkirk
us
ere
voluntary
cessation
allegedly
illegal
conduct
concentrated
phosphate
export
leave
defendant
free
return
old
ways
grant
newkirk
original
complaint
reasonable
expectation
wrong
repeated
quoting
aluminum
america
subjective
fear
newkirk
might
entertain
transferred
circumstances
similar
alleged
complaint
suffering
adverse
consequences
result
transfer
indeed
remote
speculative
hardly
casts
continuing
brooding
presence
concerned
super
tire
engineering
mccorkle
noted
scrap
pleadings
must
something
ingenious
academic
exercise
conceivable
plaintiff
must
allege
fact
perceptibly
harmed
challenged
agency
action
imagine
circumstances
affected
agency
action
similarly
always
possibility
new
york
authorities
might
disregard
specific
record
notation
transfer
effect
good
time
parole
decisions
regard
newkirk
speculative
contingencies
afford
basis
passing
substantive
issues
newkirk
us
decide
hall
beals
record
events
since
challenged
transfer
hardly
bears
genuine
claim
injury
possible
injury
sufficient
immediacy
reality
warrant
issuance
declaratory
judgment
maryland
casualty
newkirk
noted
eligible
parole
within
matter
days
see
supra
conclude
question
presented
fall
within
category
harm
capable
repetition
yet
evading
review
southern
pacific
terminal
icc
roe
wade
accordingly
vacate
judgment
appeals
remand
case
directions
complaint
dismissed
district
munsingwear
ordered
footnotes
pet
cert
see
rule
tr
oral
arg
brief
respondent
justice
marshall
concurring
join
opinion
reason
respondent
file
case
class
action
result
state
new
york
releasing
three
named
plaintiffs
transferring
respondent
back
wallkill
district
action
finally
lesser
correctional
facility
appeals
acted
thereby
made
case
moot