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RODRIGUEZ v. PHILLIPS

No. 818, Docket 94-2377.

66 F.3d 470 (1995)

Raul RODRIGUEZ and Sara Rodriguez, Plaintiffs-Appellees, v. R.J. PHILLIPS, Sheriff, et al. Orange County Warwick, NY; Correctional Officer Soto, et al. Mid-Orange Correctional Facility; et al. Mid-Orange Correctional Facility and Alvardo Garcia, N.Y. State Trooper, Defendants, Joseph C. Snow, Superintendent Mid-Orange Correctional Facility; Correctional Officer Rubin, et al. Mid-Orange Correctional Facility; Correctional Officer Epstein, et al. Mid-Orange Correctional Facility and Lieutenant Alcock, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 15, 1995.

Attorney(s) appearing for the Case

Marion R. Buchbinder, Assistant Attorney General, New York City (G. Oliver Koppell, Attorney General of the State of New York, New York City, of counsel), for defendants-appellants.

James I. Meyerson, New York City, for plaintiffs-appellees.

Before: MESKILL, CARDAMONE, and ALTIMARI, Circuit Judges.

CARDAMONE, Circuit Judge:

Unlike early English law, where according to Blackstone there existed an established rule "that the king can do no wrong," 1 W. Blackstone, Commentaries *68, our jurisprudence was nourished in different soil. It is plain that sometimes a sovereign government can do wrong. In the present appeal more than a few wrongs have been charged by plaintiffs against several state officials. In examining these allegations of wrongdoing it is our...

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