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RUSSELL v. COUGHLIN

No. 512, Docket 89-2321.

910 F.2d 75 (1990)

James A. RUSSELL, Plaintiff-Appellee, v. Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services; James E. Sullivan, Superintendent, Sing Sing Correctional Facility; Carl Berry, Deputy Superintendent, Sing Sing; C. Artuz, Deputy Superintendent of Security, Sing Sing; Franklin P. Herber, Alfredo Dezayas, Sergeants; Jules Ross, Harry J. Kerrigan, William V. Graf, Corrections Officers, Defendants. Appeal of Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services; James E. Sullivan, Superintendent, Sing Sing Correctional Facility; C. Artuz, Deputy Superintendent of Security, Sing Sing; Franklin P. Herber, Alfredo Dezayas, Sergeants; Jules Ross, Harry J. Kerrigan, William V. Graf, Corrections Officers, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 2, 1990.

Attorney(s) appearing for the Case

David D. Brown, IV, New York City (Michael F. Orman, Timothy J. White, of counsel), for plaintiff-appellee.

Lawrence S. Kahn, Deputy Sol. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, Peter A. Durfee, Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

Before VAN GRAAFEILAND, PIERCE and MINER, Circuit Judges.

PIERCE, Senior Circuit Judge:

This is an interlocutory appeal from an order of the United States District Court for the Southern District of New York, Cedarbaum, Judge, denying defendants' motion for summary judgment. Appellee Russell brought suit for damages and other relief under 42 U.S.C. § 1983 against the Commissioner of the New York State Department of Correctional Services and various officials of the Sing Sing Correctional Facility (collectively "defendants...

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