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BEST v. ESSEX COUNTY, N.J. HALL OF RECORDS

No. 92-5399.

986 F.2d 54 (1993)

Milton BEST, Appellant, v. ESSEX COUNTY, NEW JERSEY HALL OF RECORDS; Nicholas R. Amato, The County Executive Essex County; Sara Bost, individually as Freeholder of Essex County Hall of Records; Carmine Casciano, individually as Freeholder of Essex County Hall of Records; James Cavanaugh, individually as Freeholder of Essex County Hall of Records; Thomas Giblin, individually as Freeholder of Essex County Hall of Records; Joseph Parlaecchio, individually as Freeholder of Essex County Hall of Records; Delores Battle, individually as Freeholder of Essex County Hall of Records; Leroy Jones, Jr., individually as Freeholder of Essex County Hall of Records; Monroe Lustbader, individually as Freeholder of Essex County Hall of Records; Arthur Clay, individually as Freeholder of Essex County Hall of Records; William H. Fauver, individually and as Commissioner of the New Jersey Department of Corrections; John Doe, individually as Captain of Essex County Jail; Jane Doe, and John Doe, and all Employees of Essex County Jail; John Doe, individually as Sergeant of Essex County Jail.

United States Court of Appeals, Third Circuit.

Decided February 22, 1993.

Attorney(s) appearing for the Case

Nia H. Gill (Argued), Gill & Cohen, Montclair, NJ, for appellant.

Charles H. Rawitz, Gloria B. Cherry (argued), Stephen J. Edelstein, Essex County Counsel, Office of County Counsel, Newark, NJ, for appellees.

BEFORE: GREENBERG and ROTH, Circuit Judges, and VanARTSDALEN, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Milton Best appeals from an order entered July 7, 1992, granting a motion for summary judgment filed by Essex County, Nicholas R. Amato, the Essex County executive, and Vincent Ucci, a guard at the Essex County Jail Annex.1 Best was a pretrial detainee at the annex on February 16, 1989, when John Winston, another pretrial detainee, attacked him in the "day room" by pouring hot water...

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