BLYDEN v. MANCUSI

No. 97-2912.

186 F.3d 252 (1999)

Herbert X. BLYDEN, on behalf of himself and all others similarly situated; Peter Butler, on behalf of himself and all others similarly situated; Charles `Flip' Crowley, on behalf of himself and all others similarly situated; Kendu Haiku, also known as Willie Stokes, on behalf of himself and all others similarly situated; Calvin Hudson, on behalf of himself and all others similarly situated; Johnnie Barnes, as the Administrator of the goods, chattels, and credits which were of John Barnes, deceased, on behalf of himself and all others similarly situated; Joseph Little, on behalf of himself and all others similarly situated; Kimanthi Mpingo, also known as Edward Dingle, on behalf of himself and all others similarly situated; George `Che' Nieves, on behalf of himself and all others similarly situated; Jomo Joka Omowale, also known as Eric Thompson, on behalf of himself and all others similarly situated; Robin Palmer, on behalf of himself and all others similarly situated; Akil Al-Jundi, also known as Herbert Scott Deane, on behalf of himself and all others similarly situated; Alfred Plummer, on behalf of himself and all others similarly situated; Ooji Kwesi Sekou, also known as Chris Reed, on behalf of himself and all others similarly situated; Jerome Rosenberg, on behalf of himself and all others similarly situated; Elizabeth Durham, Mother and Legal Representative of Allen Durham, deceased, on behalf of him/herself and all others similarly situated; Litho Lundy, Mother and Legal Representative of Charles Lundy, deceased, on behalf of him/herself and all others similarly situated; Theresa Hicks, Widow and Legal Representative of Thomas Hicks, deceased, on behalf of him/herself and all others similarly situated; Alice McNeil, Mother and Legal Representative of Lorenzo McNeil, deceased, on behalf of him/herself and all others similarly situated; Maria Santos, Mother and Legal Representative of Santiago Santos, deceased, on behalf of him/herself and all others similarly situated; Laverne Barkley, Mother and Legal Representative of L.D. Barkley, deceased, on behalf of him/herself and all others similarly situated; Vernon Lafranque, on behalf of himself and all others similarly situated; James B. Murphy, also known as `Red' Murphy, on behalf of himself and all others similarly situated; Thomas Louk, on behalf of himself and all others similarly situated; Wiliam Maynard, Jr., on behalf of himself and all others similarly situated; Phillip `Wald' Shields, on behalf of himself and all others similarly situated; Alphonso Ross, on behalf of himself and all others similarly situated; Frank Lott, on behalf of himself and all others similarly situated; Gary Richard Haynes, on behalf of himself and all others similarly situated; Raymond Sumpter, on behalf of himself and all others similarly situated; Omar Sekou Toure, also known as Otis McGaughey, on behalf of himself and all others similarly situated; Dacajeweiah, also known as John Hill, on behalf of himself and all others similarly situated, Plaintiffs, Big Black, also known as Frank Smith, on behalf of himself and all others similarly situated; David Brosig, Plaintiffs-Appellees, v. Vincent MANCUSI; John S. Keller, as Administrator of the Estate of John Monahan; Kurt G. Oswald, as Administrator of the Estate of Russell G. Oswald, Defendants, Karl Pfeil, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 3, 1999.


Attorney(s) appearing for the Case

Elizabeth M. Fink, Brooklyn, New York (Michael E. Deutsch, People's Law Office, Chicago, Illinois; Ellen M. Yacknin, Greater Upstate Law Project, Inc., Rochester, New York; Daniel Meyers, New York, New York; Dennis Cunningham, San Francisco, California; Joseph J. Heath, Syracuse, New York; Frank B.B. Smith, pro se, Brooklyn, New York, of counsel), for Plaintiffs-Appellees.

Mitchell J. Banas, Jr., Jaeckle Fleischmann & Mugel (Randy C. Rucinski, Charles J. Scibetta, Jr., of counsel), Buffalo, New York, for Defendant-Appellant.

Before: WINTER, Chief Judge, POOLER, Circuit Judge, and DORSEY, District Judge.


WINTER, Chief Judge:

This appeal arises out of a class action for civil rights violations brought by prisoners after the riot in Attica prison in 1971. Karl Pfeil, a former Assistant Deputy Superintendent at Attica, appeals from judgments in favor of Frank Smith and David Brosig.

Plaintiffs instituted this class action twenty-five years ago against Pfeil and other New York State officials and corrections personnel, based on the various defendants'

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