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WILLIAMS v. WARD

No. CIV-78-54C.

553 F.Supp. 1024 (1983)

Joseph A. WILLIAMS, Plaintiff, v. Benjamin WARD, individually and in his capacity as Commissioner of the New York State Department of Correctional Services; Harold J. Smith, individually and in his capacity as Superintendent, Attica Correctional Facility; Dr. Vratislav Kejzlar, individually and in his capacity as an employee of the Attica Correctional Facility; Steven Hollenbeck, individually and in his capacity as a Physician's Assistant at the Attica Correctional Facility, Defendants.

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

January 10, 1983.

Attorney(s) appearing for the Case

Anthony Szczygiel, University of N. Y. Legal Assistance Program, Buffalo, N. Y., for plaintiff.

Mark A. Hulnick, Buffalo, N. Y., for defendant Ward.

Gary S. Bittner, Buffalo, N. Y., for defendant Smith.

Nelson F. Zakia, Ange, Biryon, Gordon, Rosa & Zakia, Buffalo, N. Y., for defendant Kejzlar.

Christina Kaiser Hurnyak, Dempsey & Dempsey, Buffalo, N. Y., for defendant Hollenbeck.

CURTIN, Chief Judge.

Plaintiff, an inmate at Attica Correctional Facility, filed a pro se civil rights complaint in January 1978 against defendants Smith, Kejzlar, and Hollenbeck, charging that in 1977 his left leg was amputated two inches above the knee as a result of gross negligence on the part of Dr. Kejzlar and Steven Hollenbeck.

After a motion to dismiss the complaint was denied, the court appointed counsel to represent the plaintiff, and discovery began...

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