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JONES v. GOORD

No. 95 Civ. 8026(GEL).

435 F.Supp.2d 221 (2006)

David JONES, Issac Nelson, Kevin Martin, William Meachem, Clarence Suber, Tobias Walls, Henry Moreno, James White, Ramon Blas, Angelo Caravaggio, Roy Davis, Luciano Ortiz, Rory Dolan, Liberato Bermudez, Gregory Smith, Fruitquan Bailey, Todd Brockington, Renaldo Rivera, James Dixon, Juan Perdomo, Herbert Junior, Hector Lopez, Juan Rivera, Dwayne Faust, and all others similarly situated, Plaintiffs, v. Glenn S. GOORD, Acting Commissioner of the New York State Department of Correctional Services, Edmund Wutzer, Chairperson of the New York State Commission of Correction, Thomas J. Goldrick, Commissioner of the State Commission of Correction, Floyd Bennett, Superintendent of Elmira Correctional Facility, Hans Walker, Superintendent of Auburn Correctional Facility, Robert H. Kuhlmann, Superintendent of Sullivan Correctional Facility, David Miller, Superintendent of Eastern Correctional Facility and Christopher Artuz, Superintendent of Green Haven Correctional Facility, Defendants.

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

May 26, 2006.

Attorney(s) appearing for the Case

Eric H. Queen, Fried, Frank, Harris, Shriver & Jacobson LLP, New York City, for Plaintiffs.

Eliot Spitzer, Attorney General of the State of New York (by Barbara K. Hathaway, Barbara D. Maddox, Steven L. Banks, and Steven N. Schulman, Assistant Attorneys General), New York City, for Defendants.

OPINION AND ORDER

LYNCH, District Judge.

In this class action, plaintiffs challenge New York State's administration of a program for double-celling in its maximum-security prisons. Double-celling is a practice in which two prisoners are housed in a cell originally designed for one person. Plaintiffs claim that defendants' practice of double-celling some New York inmates violates the First and Eighth Amendments. With respect to plaintiffs' Eighth Amendment...

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