University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Giampetruzzi v. Malcolm JC-NY-0052
Docket / Court 72 Civ. 4735 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Jail Conditions
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. ... read more >
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.

Kristen Sagar - 10/08/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
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
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) New York City Department of Corrections
Plaintiff Description unconvicted detainees who had been housed in administrative segregation at the New York City House of Detention for Men
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 1975 - n/a
Case Ongoing No reason to think so
Docket(s)
No docket sheet currently in the collection
General Documents
Opinion (406 F.Supp. 836) (S.D.N.Y.)
JC-NY-0052-0001.pdf | WESTLAW| LEXIS | Detail
Date: 11/24/1975
Source: Google Scholar
Judges Lasker, Morris Edward (D. Mass., S.D.N.Y.)
JC-NY-0052-0001
Plaintiff's Lawyers Hellerstein, William E. (New York)
JC-NY-0052-0001
Pochoda, Daniel Joseph (Arizona)
JC-NY-0052-0001
Smith, Marjorie M. (New York)
JC-NY-0052-0001
Defendant's Lawyers Tobias, Donald J. (New York)
JC-NY-0052-0001

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