Case: Giampetruzzi v. Malcolm

1:72-cv-04735 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 8, 1972

Clearinghouse coding in progress

Case Summary

In 1972, a group of unconvicted detainees who had been housed in administrative segregation at the New York City House of Detention for Men filed a lawsuit under 42 U.S.C. §1983 against the New York City Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs asked the Court for declaratory and injunctive relief, alleging that their placement in administrative segregation violated their Constitutional rights because they had been deprived of p…

In 1972, a group of unconvicted detainees who had been housed in administrative segregation at the New York City House of Detention for Men filed a lawsuit under 42 U.S.C. §1983 against the New York City Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs asked the Court for declaratory and injunctive relief, alleging that their placement in administrative segregation violated their Constitutional rights because they had been deprived of privileges accorded to the general population. Specifically, they complained of inadequate lighting, filthy windows, less time out of their cells, more time in isolation, less access to recreational equipment, no educational programs, limitation on number of personal items (like books) that they can have in their cells, greater punishment for disciplinary infractions, inability to attend religious services, more frequent searches, less access to personal visitors, and fewer library privileges.

On November 24, 1975, the District Court (Judge Morris E. Lasker) held that the plaintiffs were being subjected to discrimination, issuing an injunctive order that the defendants must allow them an opportunity to contest their placement before housing them in administrative segregation. Giampetruzzi v. Malcom, 406 F.Supp. 836 (S.D.N.Y. 1975).

Summary Authors

Kristen Sagar (10/8/2007)

People


Judge(s)

Lasker, Morris Edward (Massachusetts)

Attorney for Plaintiff

Hellerstein, William E. (New York)

Pochoda, Daniel Joseph (Arizona)

Smith, Marjorie M. (New York)

Attorney for Defendant

Tobias, Donald J. (New York)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Nov. 8, 1972

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

unconvicted detainees who had been housed in administrative segregation at the New York City House of Detention for Men

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Outcome: Unknown

Defendants

New York City Department of Corrections (New York City), State

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1975 - 0

Issues

General/Misc.:

Access to lawyers or judicial system

Classification / placement

Disciplinary procedures

Education

Food service / nutrition / hydration

Mail

Rehabilitation

Religious programs / policies

Sanitation / living conditions

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Law library access

Library (non-law) access

Protective custody

Recreation / Exercise

Solitary confinement/Supermax (conditions or process)

Visiting