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MARTINEZ v. ROSADO

No. 431, Docket 79-2134.

614 F.2d 829 (1980)

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

United States Court of Appeals, Second Circuit.

Decided January 23, 1980.

Attorney(s) appearing for the Case

Lloyd Constantine, Brooklyn, N. Y. (John C. Gray, Jr., Brooklyn Legal Services Corp. B, Brooklyn, N. Y., of counsel), for appellant.

Paul E. Milbauer, Deputy Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., Gerald J. Ryan, Asst. Atty. Gen., New York City, of counsel), for appellees.

Before KAUFMAN, Chief Judge, and SMITH and OAKES, Circuit Judges.

PER CURIAM:

This appeal, in a prison inmate's action under 42 U.S.C. § 1983 for an alleged beating by a prison guard, is from an order granting the defendants' motion for summary judgment by the United States District Court for the Southern District of New York, Edward Weinfeld, Judge. While the case is a very close one, we hold that the complaint states a claim for relief under § 1983 and that the defendants' affidavits were sufficiently controverted by...

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