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WOLFISH v. LEVI

Nos. 618 and 623, Dockets 77-2035 and 77-2135.

573 F.2d 118 (1978)

Louis WOLFISH et al., Petitioners-Appellees, v. Honorable Edward LEVI et al., Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 24, 1978.

Attorney(s) appearing for the Case

Louis G. Corsi, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Frederick P. Schaffer, Asst. U. S. Atty., New York City, of counsel), for respondents-appellants.

Phyllis Skloot Bamberger, New York City (Michael B. Mushlin, William E. Hellerstein, Nancy Lee and David Lewis, the Legal Aid Society Federal Defender Services Unit, New York City, of counsel), for petitioners-appellees.

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

IRVING R. KAUFMAN, Chief Judge:

When the history of our criminal justice system is chronicled, no doubt one of its most sobering pages will describe the sad state of this nation's prisons and jails. Whether it be in filthy, narrow cells of an Alabama penitentiary or in overcrowded dormitories in a Bronx house of detention, we have quartered individuals, both convicted or merely accused of crimes, major and minor, under conditions that shock the conscience of civilized...

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