VICTORY v. PATAKI

No. 13-3592.

814 F.3d 47 (2016)

Albert Lopez VICTORY, Plaintiff-Appellant, v. George PATAKI, Former Governor of the State of New York in his official capacity, Brion D. Travis, Ex-Chair, Board of Parole, New York State Division of Parole, Thomas P. Grant, Special Assistant to the Chair of the Board of Parole, Mike Hayden, Acting Director of the Division of Parole, Ronald P. White, Director of Upstate Field Operations for the Division of Parole, Terrance X. Tracy, Chief Counsel to the Chair of the Board of Parole, Kenneth E. Graber, Commissioner of the Board of Parole, George Chard, Senior Parole Officer, Utica Parole Office, Douglas C. Smith, Ex-Supervising Parole Officer, Utica Parole Office, Perritano, "John," First Name Unknown, Parole Officer, Utica Parole Office, Kevin McCarthy, Head of the Special Services Bureau for the Division of Parole, Central New York Area, Thomas Murfitt, Syracuse Police Officer, Gilhooley, "John," first name unknown, Syracuse Police Officer, Timothy Foody, Ex-Police Chief, Syracuse Police Department, John Does, 1, 2, 3, etc., Jane Does 1, 2, 3, etc., (whose identities are unknown but who are believed to be either employees of the Division of Parole, the Governor's Office, and/or the Syracuse Police Department); all such individual defendants being sued both in their individual and official capacity, The City of Syracuse, New York, Dennis Duval, Chief of Police of the Syracuse Police Department, George Alexander, Chair, Board of Parole, in his official capacity, Governor David Paterson, Rory D. Gilhooley, Syracuse Police Officer, John Falge, Ex-Police Chief, Syracuse Police Department, Gary Miguel, Police Chief, Syracuse Police Department, Eliot Spitzer, Governor of the State of New York in his official capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 1, 2016.

Amended: February 24, 2016.


Attorney(s) appearing for the Case

Myron Beldock , Beldock Levine & Hoffman LLP, New York, NY, for Plaintiff-Appellant Albert Lopez Victory.

Andrew B. Ayers , Assistant Solicitor General, Office of the Attorney General ( Eric T. Schneiderman , Attorney General of the State of New York; Nancy A. Speigel , Senior Assistant Solicitor General, on the brief), for Barbara D. Underwood, Solicitor General, Albany, NY, for New York State Defendants-Appellees.

Shannon T. O'connor , Assistant Corporation Counsel, for Robert P. Stamey , Corporation Counsel for the City of Syracuse, Syracuse, NY, for Syracuse Defendants-Appellees.

Before: POOLER and PARKER, Circuit Judges.


Plaintiff-appellant Albert Lopez Victory, a former inmate of the New York Department of Corrections and Community Supervision ("DOCCS"), appeals from the August 27, 2013 order of the United States District Court for the Western District of New York (Skretny, C.J.), granting summary judgment for Defendants and dismissing...

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