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JEMMOTT v. COUGHLIN

No. 540, Docket 95-7235.

85 F.3d 61 (1996)

David JEMMOTT, Jr., Plaintiff-Appellee, v. Thomas COUGHLIN, as Commissioner of the New York State Department of Correctional Services; Joseph W. Kennedy, Individually and as Superintendent of the Mt. McGregor Correctional Facility; James Murphy, Individually and as Captain at Mt. McGregor Correctional Facility; Thomas Carpenter, Individually and as Lieutenant at Mt. McGregor Correctional Facility; Felix Perry, Individually and as Sergeant at Mt. McGregor Correctional Facility; William Schnorr, Individually and as Lieutenant at Mt. McGregor Correctional Facility; Richard Windel, Individually and as Lieutenant at Mt. McGregor Correctional Facility; Richard Little, Individually and as a Correction Officer at Mt. McGregor Correctional Facility; and Clyde Sanbourne, Individually and as Sergeant at Mt. McGregor Correctional Facility, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 23, 1996.

Attorney(s) appearing for the Case

Daniel Smirlock, Assistant Attorney General, Albany, NY (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, Albany, NY, of counsel), for Defendants-Appellants.

Lanny E. Walter, Albany, NY (Walter, Thayer, & Mishler, P.C., Albany, NY, of counsel), for Plaintiff-Appellee.

Before: VAN GRAAFEILAND, JACOBS and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Defendants-appellants challenge a decision of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying their motion for summary judgment. Plaintiff-appellee alleges that defendants subjected him to severe harassment on the job because of their animosity towards him as an African-American Correction Officer, in violation of 42 U.S.C. § 2000e-2(a)(1) ("Title VII"), and 42 U.S.C. §...

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