DETAINEES OF BROOKLYN H. OF DET. FOR MEN v. MALCOLM

Nos. 701, 702, Dockets 74-2427, 74-2482.

520 F.2d 392 (1975)

DETAINEES OF the BROOKLYN HOUSE OF DETENTION FOR MEN et al., Plaintiffs-Appellees, v. Benjamin J. MALCOLM, Commissioner of Correction of the City of New York, et al., Defendants-Appellants. Ralph VALVANO et al., Plaintiffs-Appellees, v. Benjamin J. MALCOLM, Commissioner of Correction of the City of New York, et al., Defendants-Appellants, Nicholas Ferraro, District Attorney, Queens County, Defendant.

United States Court of Appeals, Second Circuit.

Decided July 31, 1975.


Attorney(s) appearing for the Case

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

Steven A. Herman, New York City (William E. Hellerstein, Joel Berger and Michael B. Mushlin, The Legal Aid Society Prisoners' Rights Project, New York City, on the brief), for plaintiffs-appellees.

Before LUMBARD and OAKES, Circuit Judges, and BARTELS, District Judge.


BARTELS, District Judge:

Just recently this Court held in Rhem v. Malcolm, 507 F.2d 333 (2d Cir. 1974), that the conditions existing at the Manhattan House of Detention (better known as "the Tombs") were so shocking and intolerable as to violate the constitutional rights of equal protection and due process of pretrial detainees ("detainees"). Today we are asked to reach a similar conclusion in a different context relating to...

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