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MATTER OF SPITZ v. COUGHLIN

128 A.D.2d 281 (1987)

In the Matter of James J. Spitz, Appellant, v. Thomas Coughlin, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 28, 1987

Attorney(s) appearing for the Case

Peter Henner for appellant.

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for respondents.

KANE, CASEY, WEISS and HARVEY, JJ., concur.

MAHONEY, P. J.

On December 3, 1982, while petitioner was employed as a correction officer at Coxsackie Correctional Facility, he opened the door of the cell in which inmate Calvin V. Jenkins was confined, thereby allowing Correction Officers Michael Cataldo and Richard Vadney to physically assault Jenkins. Thereafter, Jenkins commenced a 42 USC § 1983 action in Federal District Court against petitioner...

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