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BENJAMIN v. MALCOLM

No. 75 Civ. 3073 (MEL).

626 F.Supp. 1264 (1986)

James BENJAMIN, et al., Plaintiffs, v. Benjamin J. MALCOLM, Commissioner of Correction of the City of New York; et al., Defendants, v. Mario CUOMO, et al., Third-Party Defendants.

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

January 30, 1986.

Attorney(s) appearing for the Case

Theodore H. Katz, Dale A. Wilker, Jonathan S. Chasan, Legal Aid Soc., Criminal Appeals Bureau, Prisoners' Rights Project, New York City, for plaintiffs.

Frederick A.O. Schwartz, Jr., Corp. Counsel, New York City, for defendants; Leonard Koerner, Litigating Asst. Paul Rephen, of counsel.

Robert Abrams, Atty. Gen. of N.Y., New York City, for third-party defendants; Barbara B. Butler, Asst. Atty. Gen., of counsel.

LASKER, Senior District Judge.

This class action concerns overcrowding in the House of Detention for Men on Rikers Island ("HDM"). Three years after relief was granted against the state defendants in this case, the United States Supreme Court decided the landmark case of Pennhurst State School and Hospital v. Halderman, 465 U.S. 89, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) ("Pennhurst II"), holding that federal courts have no jurisdiction...

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