ENGBLOM v. CAREY

No. 79 Civ. 4785 (RWS).

572 F.Supp. 44 (1983)

Marianne A. ENGBLOM and Charles E. Palmer, Plaintiffs, v. Hugh L. CAREY, Governor of the State of New York, Richard D. Hongisto, Acting Commissioner, New York State Department of Correctional Services, Joseph C. Snow, Superintendent of the Mid-Orange Correctional Facility, Major-General Vito J. Castellano, Chief of Staff to the Governor of New York, New York National Guard, Lieutenant-Colonel Justin M. Queally, an officer of the 106th Maintenance Battalion of the New York National Guard, Captain "John" Drew, an officer of the 101st Signal Battalion of the New York National Guard and Various Officers and Enlisted Men, Members of the New York National Guard, Defendants.

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

July 15, 1983.


Attorney(s) appearing for the Case

Ricken, Goldman, Sussman & Blythe, Kingston, N.Y., for plaintiffs; Alan N. Sussman, Kingston, N.Y., of counsel.

Robert Abrams, Atty. Gen. of State of N.Y., New York City, for defendants; Melvin R. Leventhal, Deputy First Asst. Atty. Gen., Arlene R. Silverman, Asst. Atty. Gen., New York City, of counsel.


OPINION

SWEET, District Judge.

Plaintiffs Marianne E. Engblom and Charles E. Palmer, two correction officers at the Mid-Orange Correctional Facility ("Mid-Orange"), brought this action seeking damages under 42 U.S.C. § 1983 against the Governor of New York and various prison officials of the State of New York (collectively "the defendants"). Currently before the court is the defendants' motion for summary judgment pursuant to Rule 56 Fed.R. Civ.P. For...

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