Lee v. Washington

A three-judge District Court declared Alabama statutes requiring racial segregation in prisons unconstitutional and established a schedule for desegregation. The State's challenges of the judgment based on Fed. Rule Civ. Proc. 23 (relating to class actions), the claimed constitutionality of the statutes, and the failure to allow for necessary prison security and discipline, held to be without merit.

263 F. Supp. 327, affirmed.

Nicholas S. Hare, Special Assistant Attorney General of Alabama, argued the cause for appellants. With him on the briefs were MacDonald Gallion, Attorney General, Gordon Madison, Assistant Attorney General, and J. M. Breckenridge.

Charles Morgan, Jr., argued the cause for appellees. With him on the brief were Orzell Billingsley, Jr., and Melvin L. Wulf.

PER CURIAM.