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Kelly v. Butler County Board of Commissioners

decided: September 20, 1967.

DENIS P. KELLY, PETITIONER,
v.
BUTLER COUNTY BOARD OF COMMISSIONERS, BOARD OF PRISON MANAGERS, BUTLER COUNTY CORRECTIONAL INSTITUTION, THOMAS HUTCHINSON, WARDEN, BUTLER COUNTY CORRECTIONAL INSTITUTION AND THEIR AGENTS



Biggs, McLaughlin and Van Dusen, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

This suit seeking money damages only and filed under 28 U.S.C. § 1343 and 42 U.S.C. §§ 1981 and 1983 is before this court on plaintiff's application, supported by affidavit of poverty, to prosecute an appeal in this court in forma pauperis from an order of the District Court denying his application to proceed in forma pauperis in that court under 28 U.S.C. § 1915. The District Court opinion stated: "a more detailed pleading is necessary * * * for the purpose of informing any judge to whom resort is had that the claim is not frivolous."

In view of these allegations, as summarized at pages 1-2 of the District Court opinion, and the terms of the Complaint,*fn1 the request for permission to proceed in forma pauperis in this court will be granted:*fn2

"The plaintiff-petitioner alleges that his federal civil rights were violated by the named defendants in the following particulars: (1) the defendants interfered with and obstructed the plaintiff's right to access to the Federal courts in that they did not permit him to file legal documents with the United States District Court at Pittsburgh in November 1965 and in February 1966, * * *; and (2) in June 1966, 'after having been extradicted from the State of New York and returned to the Butler County Correctional Institution', the plaintiff-petitioner was placed in solitary confinement and subjected to cruel and unusual conditions in order to coerce a guilty plea to the charges lodged against him. The allegedly cruel and unusual conditions which endangered the health and emotional well-being of the plaintiff-petitioner were a steel bunk without a mattress, lack of clothing, no facilities to wash himself, bad food, and foul air. The plaintiff-petitioner was also denied medical care."

Our recent decision of June 16, 1967, in Negrich v. Hohn et al., 379 F.2d 213 (3rd Cir.) is inapplicable to the issue now before this court, since that case involved an appeal from a dismissal of a complaint under the Civil Rights Act on the merits whereas the application now before the court is to ...


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