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URBANO v. MCCORKLE

July 27, 1972

Robert F. URBANO, No. 37744, Plaintiff,
v.
Lloyd W. McCORKLE, Commissioner of Institutions and Agencies of the State of New Jersey, et al., Defendants


Kitchen, District Judge.


The opinion of the court was delivered by: KITCHEN

Robert F. Urbano, an inmate of the New Jersey Prison System, filed this prisoner complaint action on November 8, 1968, against eleven State Prison Officials alleging denials of certain constitutional and civil rights. On October 1, 1971, this court heard oral arguments on defendants' motion for summary judgment and on November 17, 1971, filed a memorandum opinion granting partial summary judgment. See Urbano v. McCorkle, 334 F. Supp. 161 (D.N.J. 1971).

 The issues that remained viable after that opinion were these:

 
1. Whether plaintiff Urbano was notified in writing of the charges and nature of the evidence against him and was given a reasonable opportunity to explain away the accusation before being removed from general population and placed in administrative segregation. See id. at 166-68.

 and

 
2. If he were not given such a hearing that satisfied the minimum procedural due process requirements set out above, what damages flowed from the denial. See id. at 168-70.

 It was to these two issues that counsel for the plaintiff and defendants were directed during the numerous settlement conferences and pre-trial conferences that were held.

 At the pre-trial conference held on June 1, 1972, defendants stipulated that Urbano did not receive the type of hearing that procedural due process required. Therefore, the only issue that remained was the issue of damages.

 As items of damages, plaintiff demanded the following:

 
(a) $59,960 ($9,960 of which represented 664 days of segregation at $15 per day; the other $50,000 was for punitive damages.)
 
(b) $34 for lost personal property.
 
(c) $327.60 which plaintiff alleges he lost as a result of being denied legal materials necessary to apply to the United States Supreme Court for a rehearing in an unrelated case.
 
(d) 41 days lost work credits.
 
(e) $56.30 lost pay from the work ...

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