TODARO v. WARD

No. 337, Docket 77-2095.

565 F.2d 48 (1977)

Louise TODARO, Ernestine Davis, Deidra Plair, Phyllis Klippel, Sylvia Davis, Cleo Bacon, Iris Capella, Naomi Bostick, Mary Reed, Alice Taver, Carol Lewin, Tammy Goldston, Margaret Gatling, Tonya Jackson, Tracye Craig, Beverly Massey, Carmen Garcia, Helen LaVore, Gloria Taggart, Marta Hardee, Althea McDaniel, Ruth Dobson, Madeline Pineda, Judy Wheat, Bernadette Brown, and Evelyn Thorpe, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. Benjamin WARD, Commissioner of the New York State Department of Correctional Services, Ian Loudon, Assistant Commissioner for Health Services of the New York State Department of Correctional Services, David Frost, Southern Regional Director of Health Services of the New York State Department of Correctional Services, Frances Clement, Superintendent of Bedford Hills Correctional Facility, Henry Williams, Health Services Director of Bedford Hills Correctional Facility, Robert Tschorn, Surgical Consultant at Bedford Hills Correctional Facility, and Marie Daly, Nurse Administrator at Bedford Hills Correctional Facility, Individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 31, 1977.


Attorney(s) appearing for the Case

Arlene R. Silverman, Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen. of the State of New York, New York City), for defendants-appellants.

Eric Neisser, New York City (William E. Hellerstein, Ellen J. Winner, The Legal Aid Society Prisoners' Rights Project, New York City), for plaintiffs-appellees.

Before KAUFMAN, Chief Judge, GURFEIN and MESKILL, Circuit Judges.


KAUFMAN, Chief Judge:

The sad—often desperate—plight of many incarcerated in our nation's prisons is most dramatically revealed by the all too frequent petitions of inmates who have been denied access to basic medical services.

It is too late in the day to argue that penal incarceration reduces an individual's humanity. Although the public may only become aware of the demeaning reality of prison life...

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