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RUSSELL v. SCULLY

No. 14, Docket 92-2057.

15 F.3d 219 (1993)

Jerome RUSSELL, Plaintiff-Appellee, v. Charles C. SCULLY, Superintendent, Bobbie Jo LaBoy, Thomas A. Coughlin, III, J.A. Dempskie, William McGinnis, L. Carey, Defendants, Wilbur Wright, Captain, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 4, 1993.

Petition for Rehearing Filed June 18, 1993.

Opinion Modifying Decision on Denial of Rehearing January 3, 1994.

Attorney(s) appearing for the Case

Martha O. Shoemaker, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., of counsel), for defendant-appellant Wilbur Wright.

Michael E. Salzman, New York City (Padraig A. O'Riordain, Flavio Cumpiano Alfonso, Hughes Hubbard & Reed, of counsel), for plaintiff-appellee.

Before: VAN GRAAFEILAND, WINTER and MAHONEY, Circuit Judges.

WINTER, Circuit Judge:

Wilbur Wright appeals from Judge Sweet's denial of his motion for summary judgment. The motion was directed at Jerome Russell's complaint, brought under 42 U.S.C. § 1983 (1988), that Wright violated Russell's Fifth and Fourteenth Amendment rights. Wright, a hearing officer at the Green Haven Correctional Facility, found Russell guilty of assault and violent conduct. In reaching this conclusion, Wright failed to assess independently the...

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