SWEENEY v. PRISONERS' SERVS.


197 A.D.2d 189 (1994)

Walter Sweeney, Appellant, v. Prisoners' Legal Services of New York, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 14, 1994


Attorney(s) appearing for the Case

Rowley, Forrest, O'Donnell & Hite, P. C., Albany (Brian J. O'Donnell of counsel), for appellant.

Harris, Beach & Wilcox, Rochester (Edward H. Fox of counsel), for Prisoners' Legal Services of New York, Inc., respondent.

Eileen Kaufman, Huntington, for Touro College, Jacob D. Fuchsberg Law Center, amicus curiae.

WHITE and WEISS, JJ., concur with CARDONA, P. J.; MERCURE and CASEY, JJ., dissent in a separate opinion by MERCURE, J.


CARDONA, P. J.

In August 1984 Glenn Mays, an inmate at Elmira Correctional Facility (hereinafter the facility) in Chemung County, wrote a letter to defendant Prisoners' Legal Services of New York, Inc. (hereinafter PLS) contending that correction officers at the facility used unnecessary or excessive force against him on July 17, 1984. In particular, Mays alleged...

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