James RHEM et al., Plaintiffs-Appellees,
v.
Benjamin J. MALCOLM, Commissioner of Correction for the City
of New York, et al., Defendants-Appellants,
Peter Preiser, Commissioner of Correction of the State of
New York et al., Defendants.
James BENJAMIN et al., Plaintiffs-Appellees,
v.
Benjamin J. MALCOLM, Commissioner of Correction of the City
of New York, et al., Defendants-Appellants.
Nos. 361, 475, Dockets 75--2098, 75--2104.
United States Court of Appeals,
Second Circuit.
Argued Oct. 17, 1975.
Decided Dec. 5, 1975.
Mark D. Lefkowitz, New York City (W. Bernard Richland, Corp. Counsel, New York City, L. Kevin Sheridan, Donald J. Tobias, New York City, of counsel), for defendants-appellants.
Joel Berger, New York City (William E. Hellerstein, Steven A. Herman, The Legal Aid Society, Prisoners' Rights Project, New York City, of counsel), for plaintiffs-appellees.
Before MANSFIELD, TIMBERS and GURFEIN, Circuit Judges.
PER CURIAM:
In 1970 pretrial detainees commenced a civil rights class action pursuant to 42 U.S.C. § 1983 challenging the constitutionality of conditions at the Manhattan House of Detention, commonly called the 'Tombs.' After a lengthy trial in the Southern District оf New York before Judge Morris E. Lasker, sitting without a jury, the district court on January 7, 1974, ruled that various conditions and practices at the institution violated the demands of due process and equal protection. Rhem v. Malcolm,
In March 1974, the district court ordered the city defendants1 to submit a plan to correct the objectionable practices. After some delay, the defendants expressly refused to submit the required plan. Consequently, pending complianсe, Judge Lasker on July 11, 1974, enjoined further confinement at the Tombs after August 10, 1974. See
The city thereupon decided to close the Tombs and to transfer its detainees to the House of Detention for Men on Rikers Island (HDM). Accordingly, the remaining members of Rhem's plaintiff class requested that the relief previously granted them while incarcerаted in the Tombs similarly should apply to their detention at HDM. Rejecting the city's contention that the change in institution should necessitate full discovery and a trial de novo, the court on February 20, 1975, ordered that appropriate steps be taken to comply with its previous rulings. See
Shortly thereafter the inmates at HDM who were not transferees from the Tombs initiated their own class action, Benjamin v. Malcolm, 75 Civ. 3073, essentially requesting that the relief granted to the Rhem class should be made available to all detainees at the facility. In a memorandum and order dаted July 11, 1975, Judge Lasker granted their request for the same preliminary relief, including that pertaining to the contact visits and optional lock-in. The relief, however, was stayed pending appeal to this court. Thereafter we granted defendants' motion to consolidate the appeals in Rhem and Benjamin.
DISCUSSION
We find no merit in appellants' initial contention that the cоurt erred in ordering HDM to provide contact visits for all detainees without first holding a full hearing on the physical and financial difficulties posed by such an order. The argument ignores the fact thаt Judge Lasker held just such a series of hearings in January 1975 following this court's first remand. The city had the opportunity to air its financial and administrative concerns during those deliberations. Moreover, in granting the relief on February 20, 1975, the district court was not writing on a clean slate. Judge Lasker's order requiring the abolition of noncontact booth visits at HDM, subject to the legitimate dictates оf institutional security, merely reflected the fact that such visits previously had been held to be an unconstitutional practice,
Similarly, the appropriateness of the experimental optional lock-in program, which is challenged by appellants' second argument, is no longer open to question. From the first, the court made clear that an optional lock-in program is constitutionally mandated, see
We are not unawarе of the financial difficulties presently confronting the city defendants.4 But the need to bear this particular financial burden hardly comes as a surprise to the penal authorities, who have been fighting losing battles in this litigation for almost five years.5 More importantly, an individual's constitutional rights may not be sacrificed on the ground that the city has other and more pressing priorities. See Rhem v. Malcolm,
Notes
The defendants actually include representatives of both the city and state governments: Benjamin J. Malcolm, Commissioner of Correction for New York City; Arthur Rubin, Warden, Manhattan House of Detention for Men; Abraham Beame, Mayor, New York City; Peter Preiser, Commissioner of Correction of the State of New York; Hugh Carey, Governor of the State of New York; and Owen McGivern, Presiding Justice, New York State Supreme Court, Appellate Divisiоn, First Department. Only the city officials are serving as appellants, however
The requirement that the defendants apply to the court for permission to deny contact visits was later stricken by the district court's Memorandum Decision and Amended Judgment dated April 23, 1975. At the same time the district court modified the optional lock-in provisions to give the warden the option of imрlementing the optional lock-in program throughout the entire facility
For example, it was established at the initial trial, see
This court noted during the first appeal: 'One does not get the impression from the record of defendаnts straining in every way to comply with the district court's directions,' and proceeded to label the city's conduct as 'foot dragging.'