BADGLEY v. SANTACROCE

No. 1062, Docket 86-2035.

800 F.2d 33 (1986)

Herbert BADGLEY, James Barnes, Mitchell Chapman, Robert Gunsberg (a/k/a Robert Alvino), Maurice McCorkle, Frank Ricchiuti, Oscar Rodriguez and Henry Smith, inmates of the Nassau County Correctional Center, and Eugene Chapman, Lee McCorkle and Katherine Ricchiuti, members of inmates' families, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. Joseph J. SANTACROCE, Sheriff of Nassau County; Walter J. Flood, Warden of Nassau County Correctional Center; William G. McMahon, Chairman, New York State Commission of Correction; Thomas A. Coughlin, Commissioner, New York State Department of Correctional Services, individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 25, 1986.


Attorney(s) appearing for the Case

Morton J. Marshack, Mineola (Matthew Muraskin, Attorney in Charge, Michael J. Obus, Sharon E. Kivowitz, Legal Aid Society, Mineola, on the brief), for plaintiffs-appellants.

James M. Catterson, Jr., Port Jefferson (William H. Pauley III, Scott M. Yaffe, Snitow & Pauley, New York City, on the brief), for defendants-appellees Joseph J. Santacroce and Walter J. Flood.

Robert K. Drinan, Asst. Atty. Gen., Mineola (Robert Abrams, Atty. Gen., Mineola, on the brief), for defendants-appellees William G. McMahon and Thomas A. Coughlin.

Before FEINBERG, Chief Judge, and NEWMAN and KEARSE, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

More than two years ago, this Court characterized as a "disaster" the persistent violation by the Nassau County Sheriff and the Warden of the Nassau County Correctional Center ("NCCC") of a consent judgment limiting inmate population at the NCCC. Badgley v. Varelas, 729 F.2d 894, 902 (2d Cir.1984) ("Badgley I"). We now confront a situation of continuing violation of an amended consent judgment...

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