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BENJAMIN v. MALCOLM

No. 15, Docket 86-2165.

803 F.2d 46 (1986)

James BENJAMIN, Miguel Galindez, Bruce Hayes, Jose Saldana and Robert Eschert, detainees of the New York City House of Detention for Men, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. Benjamin J. MALCOLM, Commissioner of Corrections of the City of New York; Arthur Rubin, Warden, New York City House of Detention for Men; Gerard Brown, Deputy Warden, New York City House of Detention for Men; and Edward I. Koch, Mayor of the City of New York, individually and in their official capacities, Defendants-Appellees, Mario Cuomo, Governor of the State of New York, and Thomas A. Coughlin III, Commissioner, New York State Department of Correctional Services, Third-Party Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 25, 1986.

Attorney(s) appearing for the Case

Barbara B. Butler, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., State of N.Y., Christopher Hall, Tarquin Jay Bromley, Asst. Attys. Gen., O. Peter Sherwood, Sol. Gen., Howard L. Zwickel, Chief Litigation Bureau, New York City, of counsel), for third-party defendants-appellants.

Dale A. Wilker, The Legal Aid Society, Prisoners' Rights Project, New York City (Philip L. Weinstein, Theodore H. Katz, Jonathan S. Chasan, The Legal Aid Society, Prisoners' Rights Project, New York City, of counsel), for plaintiffs-appellees.

Paul T. Rephen, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, City of New York, Leonard Koerner, of counsel), for defendants-appellees.

Before MANSFIELD, PIERCE and PRATT, Circuit Judges.

MANSFIELD, Circuit Judge:

Governor Mario M. Cuomo and Thomas A. Coughlin III, Commissioner of the New York State Department of Correctional Services (DOCS), who are third-party defendants in this civil rights action by pre-trial detainees under 42 U.S.C. § 1983 claiming that overcrowded prison conditions in the House of Detention for Men (HDM) operated by the City of New York on Rikers Island1 violate their constitutional rights,...

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