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FRANCO v. KELLY

No. 1073, Docket 88-2035.

854 F.2d 584 (1988)

Francisco FRANCO, Plaintiff-Appellant, v. Walter KELLY, Lt. Moscicki and Officer Higley, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 25, 1988.

Attorney(s) appearing for the Case

David Gerald Jay, Buffalo, N.Y., for plaintiff-appellant.

John Q. Driscoll, Asst. Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., William J. Kogan, Asst. Sol. Gen., Albany, N.Y., of counsel), for defendants-appellees.

Before TIMBERS, MESKILL and KEARSE, Circuit Judges.

MESKILL, Circuit Judge:

In this appeal, we must decide whether an allegation that state prison officials intentionally filed false disciplinary charges against an inmate, in retaliation for the prisoner's exercise of a constitutional right, states a cause of action for damages under 42 U.S.C. § 1983 (1982) that can withstand a motion for summary judgment. The United States District Court for the Western District of New York, Curtin, C.J., held that as...

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