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BYRD v. ABATE

No. 93 Civ. 1489 (RWS).

945 F.Supp. 581 (1996)

William BYRD, Plaintiff, v. Catherine M. ABATE, Commissioner of Correction; "John Doe," Correction Officer, Anna M. Kroll Correctional Facility, and David N. Dinkins, Mayor of the City of New York, Individually and in their official capacities, Defendants.

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

October 31, 1996.

Attorney(s) appearing for the Case

Anna Stern, New York City, for Plaintiff.

Paul A. Crotty, Corporation Counsel of the City of New York, New York City (F. Dunn-Jones, of counsel), for Defendants.

OPINION

SWEET, District Judge.

Defendants in this action brought pursuant to 42 U.S.C. § 1983 ("Section 1983") have moved, pursuant to Rule 56, Fed.R.Civ.P., for summary judgment. For the reasons set forth below, defendants' motion will be denied.

Parties

Plaintiff William Byrd ("Byrd") was, at the time of the incident which gave rise to this lawsuit, an inmate at the Anna M. Kross Correctional Facility ("AMKC") at Rikers...

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