O'BRIEN v. McGINNIS


63 Misc.2d 170 (1970)

Joseph O'Brien, Plaintiff, v. Paul D. McGinnis, as Commissioner of Correction, et al., Defendants.

Supreme Court, Special Term, Albany County.

June 8, 1970


Attorney(s) appearing for the Case

Joseph O'Brien, plaintiff in person. Louis J. Lefkowitz, Attorney-General, for defendants.


JOHN T. CASEY, J.

Pursuant to section 6-b of the Correction Law the petitioner, an inmate of a State prison, has applied for permission to sue the Commissioner of Correction and the Warden of Clinton Prison for damages caused by their alleged failure to protect him from an assault by a fellow inmate. The petitioner is serving a sentence of imprisonment in Clinton Prison for a term less than for life.

A determination of whether such relief should...

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