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BADGLEY v. VARELAS

Nos. 680, 690 and 691, Dockets 83-2345, 83-2357 and 83-2359.

729 F.2d 894 (1984)

Herbert BADGLEY, et al., Plaintiffs-Appellees-Cross-Appellants, v. Thomas J. VARELAS, Sheriff, Nassau County, et al., Defendants-Appellants-Cross-Appellees, J. Kevin McNiff, Chairman, New York State Commission of Correction, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 24, 1984.

Attorney(s) appearing for the Case

Robert J. Raubach, Nassau County Legal Aid Society, Mineola, N.Y. (Matthew Muraskin, Michael J. Obus, Martin I. Rosenbaum, Mineola, N.Y., on brief), for plaintiffs-appellees-cross-appellants.

Barbara B. Butler, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Richard Howard, Asst. Atty. Gen., New York City, on brief), for defendants-appellants McNiff and Coughlin.

James M. Catterson, Jr., Port Jefferson, N.Y. (William H. Pauley, III, Cynthia Webb, and Orenstein Snitow & Pauley, P.C., New York City, on brief), for defendants-appellants-cross-appellees Varelas and Flood.

Before TIMBERS, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns one of the most troublesome issues in the administration of criminal justice — prison overcrowding. Unlike so many cases now confronting federal and state courts, this case does not require determination of the maximum number of prisoners that may lawfully be confined in a single jail or prison. That maximum number has already been agreed to by those who run the jail at issue in this litigation. The problem...

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