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RHEM v. McGRATH

No. 70 Civ. 3962.

326 F.Supp. 681 (1971)

James RHEM, Robert Freely, Leo Robinson and Eugene Nixon, individually and on behalf of all other persons similarly situated, Plaintiffs, v. George F. McGRATH, Commissioner of Correction for the City of New York, Arthur Singerman, Warden, Manhattan House of Detention for Men, John V. Lindsay, Mayor, City of New York, Paul McGinnis, Commissioner of Correction of the State of New York, and Nelson A. Rockefeller, Governor, State of New York, Harold A. Stevens, Presiding Justice, New York State Supreme Court, Appellate Division, First Department, individually and in their official capacities, Defendants.

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

March 17, 1971.

Attorney(s) appearing for the Case

Edward Q. Carr, Jr., William E. Hellerstein, Barbara A. Shapiro, Joel Berger, Legal Aid Society, New York City, for plaintiffs; Donald H. Zuckerman, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendants McGrath, Lindsay and Singerman; James Nespole, and Leonard Bernikow, New York City, of counsel.

MANSFIELD, District Judge.

In this suit brought under the federal Civil Rights Law, 42 U.S.C. § 1983, plaintiffs seek relief for a class consisting of all the inmates now confined in the Manhattan House of Detention for Men, commonly known as "the Tombs." Plaintiffs allege that the conditions under which they are presently confined constitute cruel and unusual punishment in violation of the Eighth Amendment, that the practice of opening and inspecting inmates...

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