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STUBBS v. DUDLEY

No. 836, Docket 87-2402.

849 F.2d 83 (1988)

John STUBBS, Plaintiff-Appellant, v. C.O. Robert DUDLEY, individually and as an employee of the New York Department of Corrections, Defendant-Appellee, and Robert E. McClay, individually and as Superintendent of the Arthur Kill Correctional Facility; C.O. Clemmons (phonic), individually and as an employee of the New York Department of Corrections; C.O. Lewis, (phonic), individually and as an employee of the New York Department of Corrections; Robert A. Hoke, individually and as Deputy Superintendent of Programs of the Arthur Kill Correctional Facility; C.O. Domenico `Rufino', individually and as employee of the New York Department of Corrections; and C.O. `John' Ranzer, individually and as an employee of the New York Department of Corrections, Defendants.

United States Court of Appeals, Second Circuit.

Decided June 13, 1988.

Attorney(s) appearing for the Case

Arthur G. Nevins, Jr., New York City, for plaintiff-appellant.

Barbara B. Butler, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., Frederic L. Lieberman, Asst. Atty. Gen., New York City, on the brief), for defendant-appellee.

Before KAUFMAN, OAKES, and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns the sufficiency of evidence to support a jury verdict in favor of a prisoner claiming that a corrections officer violated his constitutional rights by deliberately failing to protect him from injury by other prisoners. John Stubbs appeals from a judgment of the District Court for the Eastern District of New York (John L. Caden, Magistrate) entered in favor of defendant-appellee John Dudley notwithstanding a jury verdict...

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