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LaBOUNTY v. COUGHLIN

Docket No. 97-2015.

137 F.3d 68 (1998)

Mark LaBOUNTY, Plaintiff-Appellant, v. Thomas A. COUGHLIN, III, Commissioner; Carl D. Berry, Superintendent, Woodbourne Correctional Facility; T.J. Miller, Deputy Superintendent of Administration at Woodbourne Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

Mark LaBounty, Pro Se, Attica, NY.

Vincent Leong, Assistant Attorney General of the State of New York (Dennis C. Vacco, Attorney General of the State of New York, Barbara G. Billet, Solicitor General, Thomas D. Hughes, Assistant Solicitor General, New York City, of counsel), for Defendants-Appellees.

Before: CALABRESI and PARKER, Circuit Judges, and McCURN, District Judge.

PARKER, Circuit Judge:

I. BACKGROUND

Pro se plaintiff-appellant Mark LaBounty ("LaBounty") filed this 42 U.S.C. § 1983 action in May 1993 alleging that he was subjected to unconstitutional conditions of confinement at Woodbourne Correctional Facility ("Woodbourne") which constituted cruel and unusual punishment under the Eighth Amendment. Specifically, LaBounty alleges that chemicals placed in the drinking water and the presence of friable asbestos...

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