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DARNELL v. PINEIRO

Docket No. 15-2870 August Term, 2016.

849 F.3d 17 (2017)

Kevin DARNELL, Germain Cano, Michael Glenn, Michael Mcghee, Kerry Scott, Travis Gordan, Gregory Maugeri, Dmitriy Miloslavskiy, Steven Modes, Jacqueline Guarino, Michael Spalango, Wesley Jones, Raymond Tucker, Yvonne Ming, Nancy Viglione, Keith Jennings, Elli Vikki, Individually and on behalf of a class of all others similarly situated, Eric Cephus, Phillip Singleton, Deborah Gonzalez, Plaintiffs-Appellants, Nakaita Moore, Jahmel Lawyer, Peter Eppel, Plaintiffs, v. Rafael PINEIRO, William Tobin, City of New York, Kenneth Kobetitsch, Defendants-Appellees, Deputy Commissioners John Does, 1-5, (representing the Deputy Commissioners who supervised the operation of Brooklyn Central Booking from June 12, 2010 to the present), Police Officers John Does, 1-5, (representing the commanding officers of Brooklyn Central Booking from June 12, 2010 to the present), Police Commissioner Raymond Kelly, Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 21, 2017.

Attorney(s) appearing for the Case

SCOTT A. KORENBAUM ( Stephen Bergstein , on the brief), Bergstein & Ullrich, LLP, Chester, NY, for Plaintiffs-Appellants.

ZACHARY W. CARTER , ( Richard Dearing , Devin Slack , Kathy Chang Park , on the brief), Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Before: Leval and Lohier, Circuit Judges, and Koeltl, District Judge.

This is a case about unconstitutional conditions of confinement for pretrial detainees. Twenty state pretrial detainees ("the plaintiffs")1 arrested on separate dates between July 10, 2011, and July 23, 2013, brought individual § 1983 claims in the same complaint against the City...

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