MARCERA v. CHINLUND

No. 310, Docket 77-2090.

565 F.2d 253 (1977)

Joseph MARCERA, and John Dillman, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Stephen CHINLUND, Joseph Wasser and Dorothy Wadsworth, Individually and in their official capacities as members of the New York State Commission of Correction, and William Lombard, Individually and in his official capacity as Sheriff of Monroe County and on behalf of all other persons similarly situated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 10, 1977.


Attorney(s) appearing for the Case

David W. Beier, Monroe County Legal Assistance Corp., Rochester, N. Y., Daan Braveman, Rochester, N. Y., of counsel, for plaintiffs-appellants.

Patricia C. Armstrong, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellees Chinlund, Wasser and Wadsworth.

John D. Doyle, Rochester, N. Y. (William J. Stevens, Rochester, N. Y., Atty. for County of Monroe, of counsel), for defendant-appellee Lombard.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.


PER CURIAM:

This suit was brought in the United States District Court for the Western District of New York on November 15, 1976, under 42 U.S.C. § 1983 by two detainees then in Monroe County Jail against the Sheriff of Monroe County and members of the New York State Commission of Correction alleging denial of due process and equal protection and seeking class certification and declaratory and injunctive relief to permit pretrial detainees confined in county jails...

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