NCJ Number
46569
Date Published
1975
Length
6 pages
Annotation
THE IMPACT OF A CLASS ACTION SUIT BROUGHT BY INMATES OF THE MANHATTAN HOUSE OF DETENTION FOR MEN (THE TOMBS) ON THE DEPARTMENT OF CORRECTION OF THE CITY OF NEW YORK IS DISCUSSED.
Abstract
THE PLAINTIFFS IN THE SUIT WERE UNCONVICTED DETAINEES WHO CLAIMED THAT PRACTICES AND PHYSICAL CONDITIONS IN THE TOMBS DEPRIVED THEM OF THEIR CONSTITUTIONAL RIGHTS. THEY SOUGHT TO HAVE THE FACILITY CLOSED. THE CASE, WHICH WAS BEGUN IN THE MIDST OF RIOTING AT THE TOMBS IN 1970, LAY DORMANT FROM 1970 TO 1972, DURING WHICH TIME THE DEPARTMENT IMPROVED ITS FACILITIES AND ATTEMPTED TO RESOLVE THE SUIT OUT OF COURT. THE DEPARTMENT SUBMITTED A LIST OF ITS IMPROVEMENTS AND PLANNED IMPROVEMENTS TO THE COURT, BUT THE DEPARTMENT'S MOTION FOR SUMMARY JUDGMENT WAS DENIED AND THE REMAINING ISSUES IN THE CLASS ACTION SUIT WERE ORDERED TO TRIAL. THE LITIGATION BEGAN TO TAX THE FINANCIAL AND PERSONNEL RESOURCES OF THE DEPARTMENT. THE TRIAL LASTED SEVERAL MONTHS AND RESULTED IN A 112-PAGE OPINION. THE COURT ORDERED THE CITY TO SUBMIT A DETAILED PLAN FOR ELIMINATING ALL CONDITIONS AND PRACTICES DECLARED TO BE UNCONSTITUTIONAL BY THE COURT OPINION. THE CITY, BECAUSE OF ITS FISCAL CRISIS, REFUSED TO SUBMIT THE PLAN. THE COURT ORDERED THE TOMBS CLOSED AND ITS INMATES TRANSFERRED. IT IS SUGGESTED THAT THE COURT FAILED TO RECOGNIZE THE IMPROVEMENTS IN THE TOMBS SINCE 1970. SPECIFIC PROBLEMS THAT RESULTED FROM THE COURT'S INVOLVEMENT IN THE CASE ARE POINTED OUT. IT IS CONCLUDED THAT, UNLESS COURT DECISIONS INVOLVING THE PRISON SYSTEM CAN BE IMPLEMENTED BY FEDERAL ASSISTANCE BEYOND EXISTING LEAA FUNDING, THE PROBLEMS EXPERIENCED BY NEW YORK CITY ARE LIKELY TO BE REPEATED IN OTHER CITIES AS THE DECISION IN THE CASE OF THE TOMBS IS USED AS PRECEDENT FOR OTHER SUITS. (LKM)