Benjamin v. Malcolm

LASKER, District Judge.

The defendants (collectively the City) move under Rule 19, Fed.R.Civ.Proc., to join the Governor of the State of New York and the State Commissioner of Correctional Services as defendants. It is the City’s claim that in the absence of the Governor and the Commissioner as party defendants, the court cannot grant complete relief among those already parties.1

In particular, the City argues that it cannot meet its obligation to reduce and control population at the House of Detention for Men on Rikers Island, as required by various orders of this court, unless the number of…