CROMWELL v. WARD

No. Civ-75-84.

425 F.Supp. 97 (1977)

Haywood CROMWELL, Plaintiff, v. Benjamin WARD, Individually and in His Official Capacity as Commissioner of the New York State Department of Corrections, et al., Defendants.

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

January 7, 1977.


Attorney(s) appearing for the Case

Gary Mucci, Saperston, Day & Radler, Buffalo, N.Y., for plaintiff.

Asst. Atty. Gen. Douglas S. Cream, New York State Dept. of Law, Buffalo, N.Y., for defendant.


CURTIN, Chief Judge.

In this civil rights action, initiated by the plaintiff pro se pursuant to 42 U.S.C. § 1983, plaintiff's amended complaint alleges that defendants have failed to accord plaintiff constitutionally-mandated due process safeguards in the course of a disciplinary proceeding and have interfered with his access to counsel and to the courts.

Defendants have now moved pursuant to Rule 12 of the Federal Rules of Civil Procedure for an order...

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