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GIBEAU v. NELLIS

No. 655, Docket 92-2426.

18 F.3d 107 (1994)

Jacques Pierre GIBEAU, a/k/a Marvin Joseph Pitsley, Plaintiff-Appellant, v. Charles NELLIS, Sheriff; Reuel Todd, Undersheriff; Samuel New, Assistant Supervisor; James Lytle, Correctional Officer; Leroy Healy, Correctional Officer; Peg Hunter, Jail Nurse, and Dr. Richard Thompson, Jail Doctor, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 28, 1994.

Attorney(s) appearing for the Case

John L. Sander, New York, New York (Joel A. Goldberg, Paul, Hastings, Janofsky, & Walker, New York, New York, of counsel), for plaintiff-appellant.

James P. Godemann, Utica, New York (Merle M. Troeger, Petrone & Petrone, Utica, New York, of counsel), for defendants-appellees Charles Nellis, Reuel Todd, Samuel New, James Lytle, Leroy Healy, and Peg Hunter.

Before: MESKILL, WINTER, and PRATT, Circuit Judges.

WINTER, Circuit Judge:

Jacques Pierre Gibeau, a/k/a Marvin Pitsley, appeals from a judgment entered by Chief Judge McAvoy after the Chief Judge denied a motion for judgment notwithstanding the verdict in this civil rights action under 42 U.S.C. § 1983 (1988). Gibeau moved for judgment n.o.v. after a jury found that Corrections Officer James Lytle had used excessive force against Gibeau in violation of the Eighth Amendment but declined to award any damages. We...

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