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FRAZIER v. COUGHLIN

No. 869, Docket 87-2020.

850 F.2d 129 (1988)

Arthur FRAZIER, Plaintiff-Appellant, v. Thomas A. COUGHLIN, III, Commissioner, R.J. Brisach, Down State Correction Facility, James D. Quist, and C. Merrit, Corrections Officers of Ossining Correction Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 29, 1988.

Attorney(s) appearing for the Case

Iain A.W. Nasatir, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City of counsel), for plaintiff-appellant.

Charles Fraser, New York City (Robert Abrams, Atty. Gen., of the State of N.Y., Lawrence S. Kahn, Deputy Sol. Gen., Arnold D. Fleischer, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before TIMBERS, PRATT and MINER, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Arthur Frazier's civil rights action under 42 U.S.C. § 1983 against the state's Commissioner of Corrections and three correction officers was dismissed under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. On a motion to dismiss under rule 12(b)(6), the factual allegations in the complaint must be accepted as true, and all reasonable inferences must be drawn in favor of the plaintiff. See Scheuer v. Rhodes,

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