PUGLIESE v. CUOMO

No. 91-CV-1161.

911 F.Supp. 58 (1996)

Charles PUGLIESE, Plaintiff, v. Mario CUOMO, Governor, State of New York; Thomas A. Coughlin, Commissioner, New York State Department of Corrections; Joseph Costello, Superintendent, Mid-State Correctional Facility; John E. Dadow, M.D.; Doctor Hwong; Victor Herbert, Individually and in his official capacity as Superintendent, Collins Correctional Facility; and Charles Kurtz, M.D., Individually and in his official capacity as a physician and Facility Health Services Director at Collins Correctional Facility, Defendants.

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

January 4, 1996.


Attorney(s) appearing for the Case

Itkowitz & Gottlieb, New York City (Jay B. Itkowitz, of counsel), for Plaintiff.

Dennis C. Vacco, Attorney General of the State of New York, Albany, New York (Darren O'Connor, Peter G. Favretto, Asst. Attorneys General, of counsel), for Defendants.


MEMORANDUM, DECISION & ORDER

HURD, United States Magistrate Judge.

The plaintiff brings this civil rights complaint pursuant to Title 42 U.S.C. § 1983. Plaintiff alleges that defendants interfered with his prescribed medical treatment in violation of his Eighth Amendment right to be free from cruel and unusual punishment, and his right to due process under the Fifth, Eighth and Fourteenth Amendments. Plaintiff seeks declaratory, compensatory...

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