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BENJAMIN v. JACOBSON

No. 928, Docket 96-7957.

124 F.3d 162 (1997)

James BENJAMIN, Plaintiff-Appellant, v. Michael JACOBSON, Commissioner of the Department of Correction of the City of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 26, 1997.

Attorney(s) appearing for the Case

John Boston, The Legal Aid Society Prisoners' Rights Project, New York City (Daniel L. Greenberg, Sarah Kerr, Dori A. Lewis, Marta Nelson, of counsel), for Plaintiff-Appellant.

Lorna B. Goodman, Corporation Counsel's Office, New York City (Paul A. Crotty, Corporation Counsel, June R. Buch, Laura A. Chamberlain, Florence A. Hutner, Elizabeth I. Freedman, of counsel), for Defendant-Appellee.

Sarah L. Shudofsky, Assistant United States Attorney, Southern District of New York (Mary Jo White, United States Attorney, Southern District of New York, Frank W. Hunger, Assistant Attorney General, Civil Division, Department of Justice, James L. Cott, Assistant United States Attorney, Southern District of New York, Robert M. Loeb, Appellate Staff, Civil Division, Department of Justice, of counsel), for Amicus Curiae Intervener United States of America.

Before: OAKES and CALABRESI, Circuit Judges, and HAIGHT, District Judge.

CALABRESI, Circuit Judge.

I. BACKGROUND

This case concerns the applicability of the recently enacted Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (the "PLRA" or the "Act"), to a set of consent decrees and supplemental orders (collectively the "Consent Decrees") entered into by New York and by pre-trial detainees in the New York City jails. The main question before us is the constitutionality of a provision of the PLRA under which...

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