# Sostre v. McGinnis

> Court of Appeals for the Second Circuit · February 24, 1971 · 442 F.2d 178

URL: https://www.frixlaw.com/law-library/cases/8885371

## Case

- **Full name:** Martin SOSTRE v. Paul D. McGINNIS, Commissioner of Correction of the State of New York, Vincent Mancusi, Warden of Attica Prison, and Harold W. Follette, Warden of Green Haven Prison
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** February 24, 1971
- **Citations:** 442 F.2d 178; 1971 U.S. App. LEXIS 11686
- **Precedential status:** Published
- **Opinion:** Concurrence by Lumbard
- **Judges:** Feinberg, Kaufman, Lumbard, Smith, Waterman
- **Cited by:** 462 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Ronald Davidson v. Charles J. Scully, Superintendent, and Edward Bollinger, Correction Officer, 114 F.3d 12 (1997).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8885371

## How later opinions describe it (automated extraction)

- affirming injunction against prison officials from refusing to mail communications by inmate to any court, public official or agency, or lawyer with respect *79 to inmate’s conviction or any complaint concerning “administration of prison” where incarcerated
- finding diets of 2,800 to 3,300 5 calories per day constitutionally adequate
- noting that availability of exercise is an important consideration in determining whether conditions of segregated confinement violate the Eighth Amendment
- reversing much of the lower court decision [Sostre v. Rockefeller, D.C., 312 F.Supp. 863], but explicitly broadening the right of a prisoner to possess “constitutionally protected literature”

## Opinion text

LUMBARD, Chief Judge
(concurring) :
I concur in Judge Kaufman’s thorough opinion’exeept as to Section VI regarding Procedural Due Process. While I agree in reversing those provisions of paragraph 2-of the order of the district court, I see no need to express any opinion on what the New York State authorities should do when determining whether or not to withhold or withdraw good time credit, or the general principles which should govern such situations.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8885371. Public record. Not legal advice.