DEANE v. DUNBAR

Nos. 1456, 1726, Dockets 85-2001, 85-2011.

777 F.2d 871 (1985)

Herbert S. DEANE, Edward Dingle, Tom Hagan, Kelvin Hudson, Raymond Mitchell, Jose Quinones, Bernard Shipman, Willie Stokes, Bernard Stroble, Raymond Sumpter, and Eric Thompson, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. Patricia J. DUNBAR, Executrix of the Estate of Walter Dunbar, Individually and as Former Commissioner of the New York Department of Correctional Services, Robert J. Henderson, Individually and as Superintendent of Auburn Correctional Facility, and Russell G. Oswald, Individually and as former Commissioner of Corrections of the State of New York, Defendants-Appellants-Cross-Appellees, and Ernest Montanye, Individually and as Deputy Commissioner of New York Department of Correctional Services, and Peter Preiser, Individually and as Commissioner of Correctional Services of the State of New York, Defendants.

United States Court of Appeals, Second Circuit.

Decided November 26, 1985.


Attorney(s) appearing for the Case

Alan S. Kaufman, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., Robert Hermann, Sol. Gen., Albany, N.Y., on brief), for defendants-appellants-cross-appellees.

David Gerald Jay, N.Y. (William Z. Reich, Buffalo, N.Y., on the brief) for plaintiffs-appellees-cross-appellants.

Before NEWMAN and WINTER, Circuit Judges, and COFFRIN, District Judge.


JON O. NEWMAN, Circuit Judge:

This appeal presents both a procedural issue concerning a jury's return of its verdict and substantive issues concerning the liability of prison officials for an alleged denial of due process rights. Two New York prison officials and the executrix of the estate of a third official1 appeal from a judgment entered by the District Court for the Northern District of New...

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