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ARROYO v. SCHAEFER

No. 484, Docket 76-2098.

548 F.2d 47 (1977)

Pedro ARROYO and Christopher McCormack, Plaintiffs-Appellants, v. Peter M. SCHAEFER, former Deputy Warden in Command, Manhattan House of Detention, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 11, 1977.

Attorney(s) appearing for the Case

Marjorie M. Smith, New York City (William E. Hellerstein and The Legal Aid Society, New York City, of counsel), for plaintiffs-appellants.

L. Kevin Sheridan, New York City (W. Bernard Richland, Corp. Counsel, New York City, of counsel), for defendants-appellees.

Before MOORE, FEINBERG and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

This is an appeal from an order of the District Court for the Southern District of New York, Knapp, D. J., dismissing a complaint seeking damages for alleged violations of 42 U.S.C. § 1983 after the plaintiffs had presented their case in a trial before a jury.

The plaintiffs-appellants1 were pretrial detainees in the Manhattan House of Detention for Men (the "Tombs") at the time of the incident alleged...

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