Preiser v. Newkirk

LOCATION:Superior Court of Los Angeles County, CA

DOCKET NO.: 74-107
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Second Circuit

CITATION: 422 US 395 (1975)
ARGUED: Jan 20, 1975
DECIDED: Jun 25, 1975

Daniel Pochoda – for respondent
Houston Bus Hill
Hillel Hoffman – for petitioners

Facts of the case


Media for Preiser v. Newkirk

Audio Transcription for Oral Argument – January 20, 1975 in Preiser v. Newkirk

Audio Transcription for Opinion Announcement – June 25, 1975 in Preiser v. Newkirk

Warren E. Burger:

I have the judgment and opinion of the Court to announce in No. 74-107, Preiser, Commissioner of Correctional Services of New York against Newkirk.

And for reasons stated in an opinion filed today, the judgment of the Court of Appeals of the Second Circuit is vacated and remanded to that Court with directions that the complaint be dismissed by the District Court as moot.

Mr. Justice Marshall filed a concurring statement.

Mr. Justice Douglas filed a dissenting statement.