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SEC. & LAW ENFORCEMENT EMP., DIST. C. 82 v. CAREY

No. 1418, Docket 83-7147.

737 F.2d 187 (1984)

SECURITY AND LAW ENFORCEMENT EMPLOYEES, DISTRICT COUNCIL 82, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, by its Treasurer William CLAY, Richard Bischert, William Lothrop, Robert Morse, George Frees, Thomas F. Lynch, Richard J. Schrade, David L. Bowser, Charles E. Gordon, Jr., Melvin L. Bullock, Benjamin Whaley and Squire Simpson, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Hugh CAREY, as Governor of the State of New York, Thomas A. Coughlin, III, as Commissioner of the New York Department of Correctional Services, Walter Fogg, individually and as Superintendent of Eastern Correctional Facility, Robert Kuhlmann, individually and as Superintendent of Woodbourne Correctional Facility, Dominick Mantello, individually and as Deputy Superintendent of Woodbourne Correctional Facility and Henry DeLuca, individually and as Deputy Superintendent for Security at Arthur Kill Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 8, 1984.

As Amended July 24, 1984.

Attorney(s) appearing for the Case

Brian J. O'Donnell, Albany, N.Y. (Rowley, Forrest & O'Donnell, P.C., Albany, N.Y.), for plaintiffs-appellants.

Robert A. Forte, Asst. Atty. for the State of N.Y., New York City (Robert Abrams, Atty. Gen. for the State of N.Y., Judith A. Gordon, Asst. Atty. Gen. for the State of N.Y., of counsel, New York City, Melvyn R. Leventhal, Deputy First Asst. Atty. Gen. for the State of N.Y., New York City), for defendants-appellees.

Before VAN GRAAFEILAND, PIERCE and WISDOM, Circuit Judges.

PIERCE, Circuit Judge:

Plaintiffs appeal from a final judgment of the United States District Court for the Southern District of New York, Robert Carter, Judge, entered January 31, 1983, dismissing plaintiffs' complaint seeking declaratory, injunctive and monetary relief for alleged deprivations of rights, privileges and immunities guaranteed by the fourth and fourteenth amendments of the United States Constitution and 42 U.S.C. § 1983 (Supp. V 1981).

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