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U.S. v. ERIE COUNTY, NY

No. 09-CV-849S.

724 F.Supp.2d 357 (2010)

UNITED STATES of America, Plaintiff, v. ERIE COUNTY, NY, Chris Collins, County Executive, Anthony Billittier, IV, M.D. County Health Commissioner, Timothy B. Howard, Erie County Sheriff, Richard T. Donovan, Erie County Undersheriff, Robert Koch, Superintendent Administrative Services Division, Jail Management Division, Barbara Leary, First Deputy Superintendent, Erie County Holding Center, Donald Livingston, First Deputy Superintendent, Erie County Correctional Facility, Defendants.

United States District Court, W.D. New York.

July 9, 2010.

Attorney(s) appearing for the Case

Aaron Saul Fleisher , Alyssa Connell Lareau , Charles W. Hart, Jr. , Luis E. Saucedo , Samuel R. Bagenstos , Zazy Ivonne Lopez , U.S. Department of Justice, Washington, DC, Mary Pat Fleming , U.S. Attorney's Office, Buffalo, NY, for Plaintiff.

Cheryl A. Green , Erie County Department of Law, Kristin Klein Wheaton , First Assistant County Attorney, Buffalo, NY, for Defendants.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

In November 2007, the Civil Rights Division of the U.S. Department of Justice began investigating conditions at the Erie County Holding Center ("ECHC") and Erie County Correctional Facility ("ECCF") (collectively, "the facilities").

At the end of the two-year investigation, the Justice Department notified Erie County through a "Findings Letter" that, in its view, confinement...

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