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DAVIDSON v. FLYNN

No. 1822, Docket 93-2571.

32 F.3d 27 (1994)

Ronald DAVIDSON, Plaintiff-Appellant, v. Thomas FLYNN, John Cunliffe, Gordon Melville, James Countryman, Howard Shaul, Gary Stevens, Dr. Albert Redmond, Ray Girdich, Thomas A. Coughlin, and Charles E. Connors, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 2, 1994.

Attorney(s) appearing for the Case

Philip B. Gerson, New York City (Arthur S. Linker, Rosenman & Colin, of counsel, on the brief), for plaintiff-appellant.

Joseph Koczaja, Asst. Atty. Gen., Albany, NY (G. Oliver Koppell, Attorney General, Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., on the brief), for defendants-appellees.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and LEVAL, Circuit Judges.

JON O. NEWMAN, Chief Judge:

The primary question in this case, dismissed at the pleading stage, is the sufficiency under the Eighth Amendment of an allegation that correctional officers, who needed to handcuff an inmate being transported to another prison, deliberately applied the handcuffs too tightly in retaliation for his litigiousness. Ronald Davidson appeals from the July 29, 1993, judgment of the District Court for the Northern District of New York (Thomas J...

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