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HYNES v. LaBOY

No. 91 Civ. 8625 (RWS).

887 F.Supp. 618 (1995)

Christopher HYNES, Plaintiff, v. Correctional Sergeant Bobbie Jo LaBOY, Correctional Officers Cobb, Shope, John Zemken, Michael Rhynders, Edward Doyle, and Michael Capra, Defendants.

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

May 30, 1995.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, New York City (Matthew L. Guadagno, William D. Gibney, Steve Latimer, of counsel), for plaintiff.

Dennis C. Vacco, Atty. Gen. of State of N.Y., New York City (Frederic L. Lieberman, Marilyn T. Trautfield, Asst. Attys. Gen. of counsel), for defendants.

OPINION

SWEET, District Judge.

Both the plaintiff Christopher Hynes ("Hynes"), an inmate in the state correctional facilities, and the defendants Michael Cobb ("Cobb") and James Shope ("Shope"), state corrections officers, have moved under Rules 50(b) and 59(a) for judgment as a matter of law, or in the alternative, for a new trial. For the reasons set forth below, both motions are denied.

Prior Proceedings

This action was...

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