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JOHNSON v. GLICK

No. 845, Docket 72-2428.

481 F.2d 1028 (1973)

Australia JOHNSON, Plaintiff-Appellant, v. A. GLICK, Warden of Manhattan House of Detention for Men, 125 White Street, New York, N. Y.; Employee-Officer John, #1765 Badge Number, Manhattan House of Detention for Men, 125 White Street, New York, N. Y., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 29, 1973.

Attorney(s) appearing for the Case

Emil M. Rossi, New York City (John E. Sprizzo, and Curtis, Mallet-Prevost, Colt & Mosle, New York City, of counsel), for appellant.

Eric J. Byrne, New York City (Norman Redlich, Corp. Counsel, City of New York, and Stanley Buchsbaum, New York City, of counsel), for appellees.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal concerns an order of the District Court for the Southern District of New York dismissing a complaint under the Civil Rights Act, 42 U.S.C. § 1983, 28 U.S.C. § 1343(3), for failure to state a claim on which relief can be granted. The complaint was brought against the Warden of the Manhattan House of Detention for Men and a correction officer, described in the complaint only as Officer John, Badge No. 1765, but now identified...

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