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ENG v. SMITH

No. 1153, Docket 88-2101.

849 F.2d 80 (1988)

George ENG, Joel Clayman, Ronald West, Martin Spence, John Griffin, Joseph Rivera, Raheem Supreme, and Alonzo Starling individually and on behalf of all persons similarly situated, Plaintiffs-Appellees, v. Harold J. SMITH, Superintendent of Attica Correctional Facility, Charles James, Deputy Superintendent of Attica Correctional Facility, Thomas A Coughlin, III, Commissioner of Corrections of New York State, Correction Officers Amico, Bannon, Bishop, Calderon, Mannon, Shahahan, Smith, Wagner, Wolfe, and other presently unnamed Correction Officers employed by Attica Correctional Facility all individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 13, 1988.

Attorney(s) appearing for the Case

Joseph L. Gerken, Buffalo, N.Y., Prisoners' Legal Services of New York (David C. Leven, Executive Director, of counsel), for plaintiffs-appellees.

Peter G. Crary, Albany, N.Y., Asst. Atty. Gen. of the State of N.Y. (Robert Abrams, Atty. Gen., State of New York, Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., of counsel), for defendants-appellants.

Before FEINBERG, Chief Judge, NEWMAN and PRATT, Circuit Judges.

FEINBERG, Chief Judge:

This is an interlocutory appeal pursuant to 28 U.S.C. § 1292(a)(1) from an order of the United States District Court for the Western District of New York, Michael A. Telesca, J., granting a preliminary injunction in a class action pursuant to 42 U.S.C. § 1983 challenging the conditions at the Special Housing Unit (SHU) at the Attica Correctional Facility. The preliminary injunction requires the defendants in the class action (appellants...

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