HAYES v. NEW YORK CITY DEPT. OF CORRECTIONS

No. 1169, Docket 95-2625.

84 F.3d 614 (1996)

Ronald HAYES, Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTIONS, Captain James M. Grillo, Captain Deborah Sutton, Assistant Deputy Warden Howard Robertson, in their personal and professional capacities as employees of the New York City Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 24, 1996.


Attorney(s) appearing for the Case

Jeffrey G. Bullwinkel, New York City (Joseph F. Tringali, and Karla A. Cohen, Simpson Thacher & Bartlett, New York City, of counsel), for Appellant.

Helen P. Brown, Office of the Corporation Counsel of the City of New York, New York City (Paul A. Crotty, Corporation Counsel of the City of New York, and Kristin M. Helmers, Office of the Corporation Counsel, New York City, of counsel), for Appellees.

Before VAN GRAAFEILAND, MESKILL and WINTER, Circuit Judges.


MESKILL, Circuit Judge:

Plaintiff-appellant Ronald Hayes appeals from a decision of the United States District Court for the Southern District of New York, Martin, J., granting the defendants' motion for summary judgment and dismissing appellant's Eighth Amendment claims as to all defendants. We conclude that the district court erred in excluding portions of appellant's deposition testimony and in concluding that the protective measures undertaken by prison...

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