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TIMMONS v. N.Y. STATE DEPT. OF CORR. SERVICES

No. 89 Civ. 6400 (LBS).

887 F.Supp. 576 (1995)

Edward TIMMONS, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; Thomas A. Coughlin, III individually and as Commissioner of the New York State Department of Correctional Services; Charles J. Scully, individually and as Superintendent of Green Haven Correctional Facility; Saul Rosenblum, individually and as Medical Director of Green Haven Correctional Facility; John Doe and Mary Roe, such being fictional names for one or more correctional officers of the New York State Department of Correctional Services employed at Green Haven Correctional Facility; and Smith Kline Biomedical Laboratories, Defendants.

United States District Court, S.D. New York.

May 25, 1995.

Attorney(s) appearing for the Case

Whitman Breed Abbott & Morgan (C. MacNeil Mitchell, Adam J. Freedman, of counsel), New York City, for plaintiff.

Dennis C. Vacco, Atty. Gen. of the State of N.Y. (Susan L. Watson, Asst. Atty. Gen., of counsel), New York City, for defendants.

OPINION

SAND, District Judge.

Plaintiff, an inmate in the custody of the New York State Department of Correctional Services ("DOCS"), brings this action pursuant to 42 U.S.C. §§ 1983 and 1985 alleging that the defendants violated his constitutional rights by failing to provide him with an HIV antibody blood test before (mis)diagnosing him as having AIDS, and by segregating him in an AIDS Room in the...

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