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MERIWETHER v. COUGHLIN

Nos. 821, 925, Dockets 88-2406, -2408.

879 F.2d 1037 (1989)

Charles MERIWETHER, Jr., individually and on behalf of all others similarly situated, Plaintiff-Appellant-Cross-Appellee, v. Thomas A. COUGHLIN, III, Commissioner of the New York State Department of Correctional Services; Charles Scully, Superintendent of Green Haven Correctional Facility; Steven Dalsheim, Superintendent Downstate Correctional Facility, and David R. Harris, Ex-Superintendent of Green Haven Correctional Facility, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 30, 1989.

Attorney(s) appearing for the Case

Eliot Lauer, Curtis, Mallet-Prevost, Colt & Mosle, New York City (Samuel Rosenthal, Daniel O'Brien, of counsel), for appellants.

Barbara B. Butler, Asst. Atty. Gen. (Robert Abrams, Atty. Gen. of the State of N.Y., Charles F. Sanders, Jo Ann M. Becker, Asst. Attys. Gen., of counsel), for appellees.

Before OAKES, Chief Judge, MAHONEY, Circuit Judge, and WOOD, District Judge.

OAKES, Chief Judge:

This class action involves the claims of New York State prisoners that their civil rights were violated when they were transferred to different prisons and beaten in 1980. After a jury found for the plaintiffs on all of their claims, the United States District Court for the Southern District of New York, Charles E. Stewart, Senior Judge, entered judgment n.o.v. in favor of the defendants on the plaintiffs' First Amendment and due process claims...

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