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ARCE v. WALKER

Docket No. 96-2012.

139 F.3d 329 (1998)

George ARCE, Plaintiff-Appellant, v. Hans G. WALKER, Walter R. Kelly, Albert Hall, Robert Bathrick, Gregory Kadien, Donald LeBaron, John E. Morse, Sgt. D. Richardson, David Odachowski, Ronald L. Bish, D. Pirrami, Kenneth J. Berbary, Robert Reyes, Bryan A. Clark, Daniel Morgan, Robert Davis, And David Bates, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 18, 1998.

Attorney(s) appearing for the Case

Frederick H. Cohn, New York City (Mark A. Simko, New York City, of counsel), for Appellant.

Martin A. Hotvet, Assistant Attorney General, State of New York (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Peter G. Crary, Assistant Attorney General, State of New York, Albany, NY, of counsel), for Appellees.

Before: OAKES, MESKILL and CALABRESI, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiff-Appellant George Arce, a state prison inmate, appeals from an order of the United States District Court for the Western District of New York, Larimer, J., denying his motion for summary judgment, granting defendants-appellees prison officials'1 cross-motion for summary judgment, and dismissing the entire complaint with prejudice. For the reasons set forth below, the district court's grant of summary...

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