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FLAHERTY v. COUGHLIN

No. 1184, Docket 83-2038.

713 F.2d 10 (1983)

Kerry FLAHERTY, Appellant, v. Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services, Clark K. Wilson, Director, Temporary Release Program, and Dana M. Smith, Assistant Director of Temporary Release Programs, Appellees.

United States Court of Appeals, Second Circuit.

Decided July 21, 1983.

Attorney(s) appearing for the Case

Randolph Z. Volkell, New York City (David C. Leven, Prisoner Legal Services, New York City, of counsel), for appellant.

Richard Howard, Asst. Atty. Gen. for the State of New York, New York City (Robert Abrams, Atty. Gen. for the State of New York, Gerald J. Ryan, Asst. Atty. Gen. for the State of New York, New York City), for appellees.

Before FRIENDLY, WINTER and PRATT, Circuit Judges.

WINTER, Circuit Judge:

Appellant Flaherty appeals from the dismissal of his complaint which alleged that he was denied temporary release in retaliation for his having brought certain litigation. Until his parole on November 4, 1982, Flaherty was incarcerated in the New York state correctional facility at Taconic where he was serving concurrent terms for a variety of crimes including first degree robbery, criminal possession of a weapon, second degree robbery, and...

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