Case: Giampetruzzi v. Malcolm

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

Filed Date: Nov. 8, 1972

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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).

As of November 2, 2014, there has been no further known activity on this case.

Summary Authors

Kristen Sagar (10/8/2007)

People


Judge(s)

Lasker, Morris Edward (Massachusetts)

Attorneys(s) for Plaintiff

Hellerstein, William E. (New York)

Pochoda, Daniel Joseph (Arizona)

Smith, Marjorie M. (New York)

Attorneys(s) for Defendant

Tobias, Donald J. (New York)

Judge(s)

Lasker, Morris Edward (Massachusetts)

Attorneys(s) for Plaintiff

Hellerstein, William E. (New York)

Pochoda, Daniel Joseph (Arizona)

Smith, Marjorie M. (New York)

Attorneys(s) for Defendant

Tobias, Donald J. (New York)

Documents in the Clearinghouse

Document

Opinion

406 F.Supp. 836

Nov. 24, 1975 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Nov. 8, 1972

Case Ongoing: No reason to think so

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 Sought: Unknown

Class Action Outcome: Unknown

Defendants

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Free Exercise Clause

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1975 - None

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Classification / placement

Disciplinary procedures

Education

Food service / nutrition / hydration

Law library access

Library (non-law) access

Mail

Protective custody

Recreation / Exercise

Rehabilitation

Religious programs / policies

Sanitation / living conditions

Visiting

Affected Gender:

Male

Type of Facility:

Government-run