MITCHELL v. CUOMO

No. 494, Docket 84-7813.

748 F.2d 804 (1984)

Theodore MITCHELL, Frank Dolan, William Fischer and Arthur Meadows, on Their Behalf and on the Behalf of All Others Similarly Situated, Plaintiffs-Appellees, v. Mario CUOMO, Governor of the State of New York, Thomas A. Coughlin, III, Commissioner of the New York State Department of Correctional Services, Raymond R. Bara, Superintendent of the Long Island Correctional Facility, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 26, 1984.


Attorney(s) appearing for the Case

Howard L. Zwickel, Asst. Atty. Gen., State of New York, New York City (Robert Abrams, Atty. Gen., Barbara B. Butler, Asst. Atty. Gen., State of New York, New York City, of Counsel), for defendants-appellants.

Leon Friedman, New York City (John H. Steel, New York City, of Counsel), for plaintiffs-appellees.

Before LUMBARD, FRIENDLY, and PRATT, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

In this action by inmates of the Long Island Correctional Facility (LICF), defendants appeal from an order of the United States District Court for the Eastern District of New York, Frank X. Altimari, Judge, that granted the inmates' application for a preliminary injunction prohibiting defendants from closing LICF pending a trial on the merits. Finding no abuse of discretion, we affirm.

BACKGROUND

In June of...

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