Edley BAKER, As Administratrix of the Estate of Willie Baker, Plaintiff-Appellee,
Edley Baker, Counter-Defendant,
Mark Erhardt, Cross-Claimant,
and
Mark Erhardt, A Correctional Officer at Lakeview Shock Incarceration Facility; Gilbert Acevedo, A Correctional Sergeant at Lakeview Shock Incarceration Facility; James Cullinan, A Correctional Sergeant at Lakeview Shock Incarceration Facility; John Doe, C.O., a ficticious name, Correctional Officers at Lakeview Shock Incarceration Facility; Douglas Smardz, Correctional Officer; John Attea, Jr., Correctional Officer, Defendants,
v.
Thomas A. COUGHLIN, III, Commissioner of the New York State Department of Correctional Services; Glen Gord, Deputy Commissioner for Security for the New York State Department of Correctional Services; Robert Greifinger, Deputy Commissioner and Chief Medical Officer for the New York State Department of Correctional Services; Ronald Moscicki, Superintendent of Lakeview Shock Incarceration Facility; Daniel Urbank, A Correctional Officer at Lakeview Shock Incarceration Facility; Jose Galindo, M.D., Medical Director at Lakeview Shock Incarceration Facility; James Steeg, R.N., Nurse Administrator at Lakeview Shock Incarceration Facility; Richard Lester, Regional Health Services Administrator for Lakeview Shock Incarceration Facility, Individually and in their Official Capacities; Catherine Day, R.N., at Lakeview Shock Incarceration Facility, Defendants-Appellants,
Mark Erhardt; Gilbert Acevedo; James Cullinan, Counter-Claimants,
Thomas A. Coughlin, III; Glen Gord; Robert Greifinger; Ronald Moscicki; Daniel Urbank; Jose Galindo; James Steeg; Richard Lester, Counter-Claimants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued January 19, 1996.
Decided February 9, 1996.
Attorney(s) appearing for the Case
Howard L. Zwickel, Assistant Attorney General of the State of New York, Albany, New York (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, Albany, New York, of counsel), for Defendants-Appellants Coughlin, Gord, Greifinger, Moscicki, Galindo, Steeg, Day, and Lester.
Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, New York (Richard Weisbeck, Buffalo, New York, of counsel), for Defendant-Appellant Erhardt.1
Rowley, Forrest, O'Donnell, Beaumont & Pelerisi, P.C., Albany, New York (Brian J. O'Donnell, Albany, New York, of counsel), for Defendant-Appellant Urbank.
Lawrence D. Behr, Buffalo, New York, for Defendant-Appellant Cullinan.1
Danieu and Attea Law Firm, North Boston, New York (Richard J. Attea, North Boston, New York, of counsel), for Defendant-Appellant Attea.1
Elizabeth L. Koob, New York, New York, (Joan Magoolaghan, Cara Cherny, Law Graduate, Koob & Magoolaghan, New York, New York, of counsel), for Plaintiff-Appellee.
Before: NEWMAN, Chief Judge, MAHONEY, Circuit Judge, and SAND, District Judge.
United States Court of Appeals, Second Circuit.
MAHONEY, Circuit Judge:
Defendants-appellants John Attea, Jr., Thomas A. Coughlin, III, James Cullinan, Catherine Day, Mark Erhardt, Jose Galindo, Glen Gord, Robert Greifinger, Richard Lester, Ronald Moscicki, James Steeg, and Daniel Urbank (collectively "Appellants") appeal from an order entered July 5, 1995 in the United States District Court for the Northern District of New York, Con. G. Cholakis, Judge, insofar as...
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