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PHELPS v. KAPNOLAS

Docket No. 01-0015.

308 F.3d 180 (2002)

Darryl A. PHELPS, Plaintiff-Appellant, v. N. KAPNOLAS, sued in individual capacity, R. McClellan, Supt., Delany Steward, sued in individual capacity, John Doe 1-2, Cleveland, Sgt., sued in individual capacity, McGuinness, C.O. sued in individual capacity, Defendants-Appellees, C. Hable, Correctional Officer, John Doe Nos. 1-10, sued in individual capacity, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2002.

Attorney(s) appearing for the Case

Michael S. Chernis, Schulte Roth & Zabel LLP (Daniel J. Kramer, Chaviva Schoffman, and James J. O'Brien, Schulte Roth & Zabel, on the brief), New York, NY, for Appellant.

Edward J. Lindner, Assistant Solicitor General,(Eliot Spitzer, Attorney General of the State of New York, Daniel Smirlock, Deputy Solicitor General, Marcus J. Mastracco, Assistant Solicitor General, on the brief), Albany, NY, for Appellees.

Before: WINTER, F.I. PARKER, and POOLER, Circuit Judges.

PER CURIAM.

Plaintiff-appellant Darryl A. Phelps appeals from the December 6, 2000 Decision and Order of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge), dismissing Phelps's complaint for failure to state a claim. Phelps, a New York state prisoner, brought this action pursuant to 42 U.S.C. § 1983, alleging Defendants violated the Eighth Amendment's prohibition against inflicting cruel and unusual punishment...

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