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GILL v. PIDLYPCHAK

No. 03-0232.

389 F.3d 379 (2004)

Anthony G. GILL, Plaintiff-Appellant, v. Chris PIDLYPCHAK, Correction Officer; T.G. Dygert, Correction Officer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 19, 2004.

Attorney(s) appearing for the Case

Anthony G. Gill, pro se, Romulus, NY, for plaintiff-appellant.

Andrea Oser, for Eliot Spitzer, Attorney General of the State of New York (Martin A. Hotvet, of counsel), for Defendants-Appellees.

Before: CALABRESI and WESLEY, Circuit Judges, and SCULLIN, Jr., District Judge.

Judge SCULLIN concurs in the majority opinion and in a separate opinion.

CALABRESI, Circuit Judge.

In November 2002, Plaintiff-Appellant Anthony Gill, a prisoner at the Five Points Correctional Facility, filed a pro se action in the United States District Court for the Northern District of New York against corrections officers Chris Pidlypchak and T.G. Dygert, in their individual capacities. Gill's complaint alleged that these two officers had violated...

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