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VARGAS v. CORREA

No. 74 Civ. 1257 (JMC).

416 F.Supp. 266 (1976)

Fernando VARGAS, Plaintiff, v. Pablo CORREA, Correction Officer, Bronx House of Detention for Men, and the City of New York, Defendants.

United States District Court, S. D. New York.

March 3, 1976.

Attorney(s) appearing for the Case

The Legal Aid Society Prisoners' Rights Project, New York City (William E. Hellerstein and Marjorie Smith, New York City), for plaintiff Fernando Vargas.

Corporation Counsel of the City of New York (W. Bernard Richland, Richard Steinberg and Thomas Burchill, New York City, of counsel), for defendant Pablo Correa.

OPINION

CANNELLA, District Judge:

In this action for damages brought by Fernando Vargas (a prison inmate) against Pablo Correa (a prison guard) and the City of New York (Correa's employer), the Court finds for the plaintiff and against the defendant (Correa) in that Vargas' constitutional rights as protected by 42 U.S.C. § 1983 were violated when Correa physically attacked him.

THE FACTS

The Court finds the facts in this case to be...

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