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RHEM v. MALCOLM

No. 70 Civ. 3962.

389 F.Supp. 964 (1975)

James RHEM et al., Plaintiffs, v. Benjamin J. MALCOLM, Commissioner of Correction for the City of New York, et al., Defendants.

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

February 20, 1975.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City, for plaintiffs; William E. Hellerstein, Joel Berger, Steven A. Herman, New York City, of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendants Benjamin J. Malcolm, Arthur Rubin and Abraham D. Beame; Donald Tobias, Asst. Corp. Counsel, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for defendants Peter Preiser, Hugh Carey and Owen McGivern; David Berman, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

On November 8, 1974, the Court of Appeals filed its opinion affirming our order of July 11, 1974 which was based on findings of unconstitutional conditions at the Manhattan House of Detention (the Tombs). The case was remanded for consideration of the relief to be granted.

I.

On November 15, 1974, the Commissioner of Correction advised this court that the City had decided not to remedy the unconstitutional...

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