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MARRIOTT v. COUNTY OF MONTGOMERY

No. 5:03 CV 531.

426 F.Supp.2d 1 (2006)

Paul MARRIOTT, Both Individually, and on Behalf of a Class of Others Similarly Situated; Barbara Davis; and Andy Rivera; Plaintiffs, v. COUNTY OF MONTGOMERY; Montgomery County Sheriff's Department; Michael Amato, Individually, and as Sheriff of the County of Montgomery; Jeffrey Smith, Individually, and as Undersheriff of the County of Montgomery; Kevin Snell, Individually, and as former Undersheriff of the County of Montgomery; John Pecora, Individually, and as Jail Administrator in the Montgomery County Sheriff's Department; and Sue Buddies, Individually, and as Lieutenant in the Montgomery County Sheriff's Department, Defendants.

United States District Court, N.D. New York.

April 12, 2006.

Attorney(s) appearing for the Case

Beranbaum Menken Ben-Asher & Bierman LLP (Bruce E. Menken, Esq., Jason J. Rozger, Esq., of Counsel), New York City, Elmer R. Keach, III, Esq., Albany, NY, Mason Law Firm (Gary E. Mason, Esq., Charles A. Schneider, Esq., of Counsel), Washington, DC, for Plaintiffs

Wilson Elser Moskowitz Edelman & Dicker LLP (Theresa B. Marangas, Esq., Thomas W. Hyland, Esq., Joseph L. Francoeur, Esq., of Counsel), Albany, NY, for Defendants.

MEMORANDUM-DECISION and ORDER andPERMANENT INJUNCTION

HURD, District Judge.

I.INTRODUCTION

Plaintiffs Paul Marriott ("Marriott"), Barbara Davis ("Davis"), and Andy Rivera ("Rivera") (collectively "plaintiffs") filed suit individually and on behalf of a class of others similarly situated, alleging that the policy of the Montgomery County Jail ("the Jail") providing for...

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