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UNITED STATES EX REL. HYDE v. McGINNIS

No. 833, Docket 31265.

429 F.2d 864 (1970)

UNITED STATES ex rel. Robert R. HYDE, Appellant, v. Paul D. McGINNIS, Commissioner of Correction of the State of New York, and Daniel McMann, Warden, and Edwin M. Jameson, Associate Physician of Clinton Prison, Dannemora, New York, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 19, 1970.

Attorney(s) appearing for the Case

Betty D. Friedlander, Waverly, N. Y., for appellant.

John G. Proudfit, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Albany, N. Y., on the brief), for appellees.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Robert R. Hyde, formerly a prisoner at Clinton State Prison, seeks damages under the Civil Rights Act, 42 U.S.C. § 1983, for allegedly inadequate medical treatment furnished by the State through its employees at the prison. Specifically Hyde seeks $75,000 from defendant McGinnis, Commissioner of Corrections of the State of New York, $65,000 from defendant Jameson, a doctor at Clinton Prison, and $15,000 from defendant McMann...

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