SWEENEY v. PRISONERS' SERVS.


84 N.Y.2d 786 (1995)

647 N.E.2d 101

622 N.Y.S.2d 896

Walter Sweeney, Respondent, v. Prisoners' Legal Services of New York, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided February 14, 1995.


Attorney(s) appearing for the Case

Harris Beach & Wilcox, Rochester (Edward H. Fox of counsel), for appellants.

Rowley, Forrest, O'Donnell & Hite, P. C., Albany (Brian J. O'Donnell and Richard W. Bader of counsel), for respondent.

Arthur N. Eisenberg, Penny Shane, Michael J. Bowe, New York City, and Elizabeth Alexander, of the District of Columbia Bar, admitted pro hac vice, for New York Civil Liberties Union and another, amici curiae.

G. Robert Witmer, Jr., Albany, Eileen Kaufman, Huntington, and Hughes Hubbard & Reed, New York City (Daniel H. Weiner and Melissa A. Crane of counsel), for New York State Bar Association and another, amici curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and CIPARICK concur; Judge LEVINE taking no part.


SIMONS, J.

The issue in this defamation case is whether plaintiff, a correction officer at Elmira Correctional Facility, proved by clear and convincing evidence that defendants acted with actual malice when they distributed a document that included his name on a list of correction officers accused of using unnecessary or excessive force.

Defendant Prisoners' Legal Services, Inc. (PLS) is a private, not...

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