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RHEM v. MALCOLM

Nos. 361, 475, Dockets 75-2098, 75-2104.

527 F.2d 1041 (1975)

James RHEM et al., Plaintiffs-Appellees, v. Benjamin J. MALCOLM, Commissioner of Correction for the City of New York, et al., Defendants-Appellants, Peter Preiser, Commissioner of Correction of the State of New York et al., Defendants. James BENJAMIN et al., Plaintiffs-Appellees, v. Benjamin J. MALCOLM, Commissioner of Correction of the City of New York, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 5, 1975.

Attorney(s) appearing for the Case

Mark D. Lefkowitz, New York City (W. Bernard Richland, Corp. Counsel, New York City, L. Kevin Sheridan, Donald J. Tobias, New York City, of counsel), for defendants-appellants.

Joel Berger, New York City (William E. Hellerstein, Steven A. Herman, The Legal Aid Society, Prisoners' Rights Project, New York City, of counsel), for plaintiffs-appellees.

Before MANSFIELD, TIMBERS and GURFEIN, Circuit Judges.

PER CURIAM:

In 1970 pretrial detainees commenced a civil rights class action pursuant to 42 U.S.C. § 1983 challenging the constitutionality of conditions at the Manhattan House of Detention, commonly called the "Tombs." After a lengthy trial in the Southern District of New York before Judge Morris E. Lasker, sitting without a jury, the district court on January 7, 1974, ruled that various conditions and practices at the institution violated the demands of due...

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