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SPICER v. HILTON

No. 79-1996.

618 F.2d 232 (1980)

Orville E. SPICER, Appellant, v. Gary J. HILTON, Dr. Charles Dugann, E. Calvin Neubert, Donald Tucker, G. DePaolis, J. L. Williams, Individually and in their official capacities, and the State of New Jersey, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 28, 1980.

Attorney(s) appearing for the Case

William E. Staehle (argued), Sweeney, Bozonelis, Staehle & Woodward, Chatham, N. J., for appellant.

John J. Degnan, Atty. Gen. of New Jersey, George W. Fisher (argued), Deputy Atty. Gen., Erminie L. Conley, Asst. Atty. Gen., Trenton, N. J., of counsel, for appellees.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

This appeal has been filed by a New Jersey state prisoner from the denial by the trial court of an injunction that would require the state to provide him with specialized medical treatment necessitated in part by mistreatment and inaction of state officials. The district court held that the requested relief was barred by the Eleventh Amendment.

We are urged by appellant to make the first...

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