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WARNER v. ORANGE COUNTY DEPT. OF PROBATION

No. 1760, Docket 95-7055.

115 F.3d 1068 (1996)

Robert WARNER, Plaintiff-Appellee, v. ORANGE COUNTY DEPARTMENT OF PROBATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 9, 1996.

As Amended May 14, 1997.

Order Vacating Decision and Remanding Case May 14, 1997.

Attorney(s) appearing for the Case

Robert N. Isseks, Goshen, NY (Alex Smith, Middletown, NY, of counsel), for Plaintiff-Appellee.

Richard B. Golden, Orange County Attorney, Goshen, NY (M. Kevin Coffey, Antoinette Gluszak, Laurie T. McDermott, of counsel), for Defendant-Appellant.

Before: WINTER, LEVAL, and CALABRESI, Circuit Judges.

LEVAL, Circuit Judge:

Orange County Department of Probation ("OCDP"), the defendant, appeals from a decision of the district court awarding declaratory judgment, nominal damages of one dollar, and attorney's fees to plaintiff Robert Warner in his civil action under 42 U.S.C. § 1983. Warner claimed that a probation condition imposed on him as part of a criminal sentence, which required him to attend meetings of Alcoholics Anonymous ("A.A."), forced him to participate...

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