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MARTINEZ v. ROSADO

78 CIV. 4069.

474 F.Supp. 758 (1979)

George MARTINEZ, Plaintiff, v. Henry ROSADO and Stephen Dalsheim, Individually and as Superintendent of the Ossining Correctional Facility, Defendants.

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

July 13, 1979.

Attorney(s) appearing for the Case

Brooklyn Legal Services Corp., Brooklyn, N. Y., for plaintiff; John C. Gray, Jr., Lloyd Constantine, Brooklyn, N. Y., David Seth Michaels, New York City, of counsel.

Robert Abrams, Atty. Gen. of N. Y., New York City, for defendants; Paul E. Milbauer, Deputy Asst. Atty. Gen., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff George Martinez, a New York State prisoner, brought this suit against defendants Henry Rosado, an official at the Ossining Correctional Facility ("Ossining"), and Stephen Dalsheim, the Superintendent of that Facility, for damages allegedly sustained when Rosado struck plaintiff during his incarceration at Ossining. Alleging a cause of action under 42 U.S.C., section 1983, plaintiff argues that defendants...

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