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HANDBERRY v. THOMPSON

Docket Nos. 03-0047 (L), 03-0065(XAP).

446 F.3d 335 (2006)

Zakunda-Ze HANDBERRY; Marlon Coleman; Jose Colon; Irving Nooks; Austin Nunez; Carlos Luscz; Michael Picart; Carlos Rivera, Dr.; Joseph Valdez; Eugene Bailey; Anthony Wager, individually and on behalf of other persons similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. William C. THOMPSON, Jr.; Jerry Cammarata; Carol Gresser; Irene Impellizzeri; Sandra Lerner; Luis Reyes; Ninfa Segarra; Rudolph Crew; Richard Mills; Michael Jacobson; Eric Taylor; Frederick Patrick; The Board of Education of the City of New York; The City of New York, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 17, 2006.

As amended on rehearing: April 4, 2006.

Attorney(s) appearing for the Case

Janice Birnbaum, Assistant Corporation Counsel, New York City Law Department (Michael A. Cardozo, Corporation Counsel, Leonard Corner and Jane L. Gordon, Assistant Corporation Counsel, of counsel), New York, NY, for Appellants-Cross Appellees.

Dori A. Lewis, The Legal Aid Society, Prisoners' Rights Project (Steven Banks, Mary Lynne Werlwas, John Boston, of counsel), New York, NY, for Appellees-Cross-Appellants.

Before: NEWMAN, SACK, and HALL, Circuit Judges.

SACK, Circuit Judge.

This litigation was brought as a class action by inmates in New York City jails challenging the defendants' asserted failure to provide them with educational services to which they are entitled under New York State and federal law. After several years of litigation, the district court (Constance Baker Motley, Judge) granted a declaratory judgment to the plaintiffs, concluding that the defendants had failed to provide such services, and...

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