ORTIZ v. LaVALLEE

No. 844, Docket 34000.

442 F.2d 912 (1971)

William ORTIZ, Plaintiff-Appellant, v. J. Edwin LaVALLEE et al., as Agents of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 25, 1971.


Attorney(s) appearing for the Case

Arlene R. Silverman, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee.

Robert Hermann, New York City (Skadden, Arps, Slate, Meagher & Flom, New York City, of counsel), for appellant.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.


HAYS, Circuit Judge:

William Ortiz, an inmate of Clinton State Prison, Dannemora, New York,1 appeals from an order of the United States District Court for the Northern District of New York dismissing without a hearing his complaint brought under Section 1 of the Civil Rights Act of 1871, 17 Stat. 13, 42 U.S.C. § 1983 (1964), on the ground that his claims were barred by the applicable state statute of limitations. Appellant was granted...

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