Charles H. Baldwin v. Robert G. Smith, as Warden of the Vermont State Prison, Windsor, Vermont

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J. JOSEPH SMITH, Circuit Judge

(concurring):

I concur in the reversal of the judgment below. The action was properly before the court under section 1983, see Sostre v. McGinnis, 442 F.2d 178, 182 (2d Cir. 1971 en banc). However, the choice offered by Vermont to Baldwin was not constitutionally impermissible, whatever one may think of its desirability.