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HERNANDEZ v. LATTIMORE

No. 351, Docket 78-2098.

612 F.2d 61 (1979)

Nelson HERNANDEZ, Plaintiff-Appellant, v. C. LATTIMORE, Nathaniel Mitchell, Hugh Herbert, N. Avignone, and R. Brown, Correctional Officers, Metropolitan Correctional Center, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 6, 1979.

Attorney(s) appearing for the Case

John Boston, New York City (William E. Hellerstein and Robert B. Shapiro, The Legal Aid Society, Prisoners' Rights Project, New York City), for plaintiff-appellant.

Kent T. Stauffer, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., and Patrick H. Barth, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees.

Before WATERMAN and TIMBERS, Circuit Judges, and NICKERSON, District Judge.

WATERMAN, Circuit Judge:

Plaintiff appeals from a judgment entered in the United States District Court for the Southern District of New York, (Brieant, District Judge), dismissing his complaint for failure to state a claim upon which relief could be granted and for lack of subject matter jurisdiction. In his complaint plaintiff sought to recover damages for alleged injuries caused by excessive and unnecessary force applied to him by the defendants, federal correctional...

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