U.S. Court of Appeals for the Third Circuit, 1970

Woody v. Judge

U.S. Court of Appeals for the Third Circuit · Decided December 10, 1970

435 F.2d 706 (Federal Reporter, Second Series)

Counsel

Walter L. Foulke, Drinker, Biddle & Reath, Philadelphia, Pa., for appellant., Herbert Monheit, Asst. Atty. Gen., Philadelphia, Pa., for appellees.

Cases that cite this one

4 later published cases cite this decision.

Ronald Burbank v. John Twomey (7th Cir. 1975)
In the Matter of the Central Railroad Company of New Jersey, Debtor. Appeal of United States of America (3d Cir. 1975)
Smith v. De Furia (District Court, E.D. Pennsylvania 1974)
Woody v. Judge (3d Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

PER CURIAM:

Seeking injunctive relief under the Civil Rights Act, 42 U.S.C. § 1983, a state prisoner serving a sentence for rape complains that he had been denied admission to a prison course in barbering because of a policy of excluding inmates imprisoned for rape from enrolling in the barbering course. Ruling that this exclusionary policy was not arbitrary or unreasonable, the district court granted a motion to dismiss the complaint.

On this appeal, the parties agree that the challenged policy has been abandoned, although the plaintiff has not been admitted to the barbering course. The dis*707continued policy was the only alleged wrong asserted in the complaint and considered by the district court. Thus, the controversy litigated in the district court is now moot.

Accordingly, the judgment will be vacated and the cause remanded to the district court for dismissal as moot, without prejudice to any other federally cognizable complaint the prisoner may have.

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