COLON v. COUGHLIN

No. 972, Docket 94-2297.

58 F.3d 865 (1995)

Armando COLON, Plaintiff-Appellant, v. Thomas A. COUGHLIN, Individually, and in his official capacity as Commissioner of the NYS Department of Correctional Services, Daniel Senkowski, Individually, and in his official capacity as the Superintendent of Clinton Correctional Facility, Thomas Howard, Individually, and in his official capacity as Hearing Officer at Clinton Correctional Facility, Gary R. Bezio, Individually, and in his official capacity, Michael Carter, Individually, and in his official capacity as a Corrections Officer, Donald Selsky, Director of Special Housing & Inmate Discipline for New York State Department of Correctional Services, Joseph Costello, Deputy Superintendent of Clinton Correctional Facility, Bruce McCormick, Correctional Official, Corrections Captain at Clinton Correctional Facility, Lieutenant Case, Review Officer at Clinton Correctional Facility, Jeff White, Corrections Officer at Clinton Correctional Facility, Mark Carter, Corrections Officer at Clinton Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1995.


Attorney(s) appearing for the Case

Jeffrey S. Tolk, New York City (Fried, Frank, Harris, Shriver & Jacobson, on the brief), for plaintiff-appellant.

Denise A. Hartman, Asst. Atty. Gen., Albany, N.Y. (G. Oliver Koppell, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., Albany, NY, on the brief), for defendants-appellees.

Before MAHONEY, WALKER and CALABRESI, Circuit Judges.


CALABRESI, Circuit Judge:

Armando Colon, an inmate in the custody of the New York Department of Correctional Services, claims that the defendant prison officials, angered by two prior lawsuits brought by him, retaliated by concocting a scheme to plant contraband in his cell and to subject him to disproportionate disciplinary action. The district court (Neil P. McCurn, J., of the Northern District of New York) cast a skeptical eye on Colon's claims and granted the...

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