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WASHINGTON v. JAMES

No. 356, Docket 84-2398.

782 F.2d 1134 (1986)

Albert WASHINGTON, Plaintiff-Appellant, v. Charles JAMES, in his capacity of Deputy Superintendent of Security of Attica Correctional Facility; Harold J. Smith, Superintendent of Attica Correctional Facility; and Donald Chesworth, Director (BCI) Bureau of Criminal Investigation, Division of State Police, Individually and in their official Capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 3, 1986.

Attorney(s) appearing for the Case

Barbara Kolsun, New York City (Burrows & Poster, New York City, of counsel), for plaintiff-appellant.

Lew A. Millenbach, Asst. Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of State of N.Y., Robert Hermann, Sol. Gen., William J. Kogan, Asst. Sol. Gen., State of N.Y., Albany, N.Y., of counsel), for defendants-appellees.

Before MANSFIELD, MESKILL and CARDAMONE, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of New York, Curtin, C.J., dated November 14, 1984, dismissing New York state prisoner Albert Washington's pro se civil rights complaint brought pursuant to 42 U.S.C. § 1983 (1982), for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). The complaint sought...

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