FARID v. SMITH

No. 328, Docket 86-2007.

850 F.2d 917 (1988)

Mujahid FARID, Plaintiff-Appellant, v. Harold J. SMITH, Superintendent of the Attica Correctional Facility, Individually and in His Official Capacity, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1988.


Attorney(s) appearing for the Case

Clifford Peterson, New York City (George Felleman, Victoria Ortiz, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for plaintiff-appellant.

Christopher K. Hall, 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., Lew A. Millenbach, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendant-appellee.

Before KEARSE, PIERCE, and PRATT, Circuit Judges.


PIERCE, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of New York, John T. Curtin, Ch. J., granting summary judgment in favor of the defendant-appellee, Harold J. Smith, the former superintendent of the Attica Correctional Facility ("Attica"). In April, 1984, appellant Mujahid Farid, an inmate then serving a sentence at Attica, commenced an action pursuant to 42 U.S.C. § 1983 alleging that Smith...

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