Scribd Logo
Upload

Welcome to Scribd!

  • 25 views

    Charles Fisher v. Richard Koehler, 902 F.2d 2, 2d Cir. (1990)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Second Circuit regarding violence at the Correctional Institute for Men (CIFM) in New York City. The court affirmed the district court's ruling that violence at CIFM violated the Eighth Amendment's ban on cruel and unusual punishment. The court also affirmed the district court's injunctive remedy to address the unconstitutional violence at CIFM, finding that it properly followed the guidelines from an earlier relevant case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Charles Fisher v. Richard Koehler, 902 F.2d 2, 2d Cir. (1990)

    Uploaded by

    Scribd Government Docs
    25 views2 pages
    This document summarizes a court case from the United States Court of Appeals for the Second Circuit regarding violence at the Correctional Institute for Men (CIFM) in New York City. The court affirmed the district court's ruling that violence at CIFM violated the Eighth Amendment's ban on cruel and unusual punishment. The court also affirmed the district court's injunctive remedy to address the unconstitutional violence at CIFM, finding that it properly followed the guidelines from an earlier relevant case.

    Original Description:

    Filed: 1990-04-16 Precedential Status: Precedential Citations: 902 F.2d 2 Docket: 1037

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document summarizes a court case from the United States Court of Appeals for the Second Circuit regarding violence at the Correctional Institute for Men (CIFM) in New York City. The court affirmed the district court's ruling that violence at CIFM violated the Eighth Amendment's ban on cruel and unusual punishment. The court also affirmed the district court's injunctive remedy to address the unconstitutional violence at CIFM, finding that it properly followed the guidelines from an earlier relevant case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    25 views2 pages

    Charles Fisher v. Richard Koehler, 902 F.2d 2, 2d Cir. (1990)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Second Circuit regarding violence at the Correctional Institute for Men (CIFM) in New York City. The court affirmed the district court's ruling that violence at CIFM violated the Eighth Amendment's ban on cruel and unusual punishment. The court also affirmed the district court's injunctive remedy to address the unconstitutional violence at CIFM, finding that it properly followed the guidelines from an earlier relevant case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    902 F.

    2d 2

    Charles FISHER, et al., Plaintiffs-Appellees,


    v.
    Richard KOEHLER, et al., Defendants-Appellants.
    No. 1037, Docket 89-7860.

    United States Court of Appeals,


    Second Circuit.
    Argued April 6, 1990.
    Decided April 16, 1990.

    Fred Kolikoff, New York City, Asst. Corp. Counsel of the City of New
    York (Victor A. Kovner, Corp. Counsel of the City of New York, Leonard
    J. Koerner, Fay Leoussis, William J. Thom, Asst. Corp. Counsel, of
    counsel), for defendants-appellants.
    John Boston, New York City, The Legal Aid Society, Prisoners' Rights
    Project (Philip L. Weinstein, Claudette R. Spencer, Dale A. Wilker, of
    counsel), for plaintiffs-appellees.
    Before KAUFMAN, FEINBERG and WALKER, Circuit Judges.
    PER CURIAM.

    Defendants Richard Koehler, et al. appeal from a July 14, 1989 judgment
    against them in the United States District Court for the Southern District of
    New York, Morris E. Lasker, J., in an action brought by plaintiffs-appellees
    Charles Fisher, et al., a class of inmates at the Correctional Institute for Men
    (CIFM) in New York City. After a long trial on the separate issue of violence at
    CIFM and its causes, the district court found in an extensive opinion, reported
    at 692 F.Supp. 1519, that "violence at CIFM, both inmate-inmate and staffinmate, has reached proportions that violate the Eighth Amendment." Id. at
    1521. In a subsequent opinion, reported at 718 F.Supp. 1111, the district court
    fashioned an injunctive remedy whose terms were incorporated into the
    judgment.
    Appellants raise two arguments on appeal. First, they assert that the conditions

    at CIFM do not violate the Eighth Amendment. Second, they claim that, in
    fashioning its remedy, the district court failed to follow the guidelines we set
    out in Dean v. Coughlin, 804 F.2d 207 (2d Cir.1986).

    We reject both arguments, which, in the face of Judge Lasker's careful and
    thorough opinions, border on the frivolous. As to the first, we affirm the district
    court's ruling that conditions at CIFM violate the Eighth Amendment
    substantially for the reasons set forth in the district court's opinion on liability.
    With regard to the second, we hold that the district court's remedy completely
    satisfies Dean. The district court took great pains to fashion an appropriate
    judgment; it consulted fully and at length with the parties, reviewed appellants'
    remedial plan thoroughly and accepted most of it with such modifications as
    were necessary to ensure constitutional compliance.

    The judgment of the district court is affirmed.

    You might also like