FISHER v. GOORD

No. 96-CV-0486A.

981 F.Supp. 140 (1997)

Roseann FISHER and Amy Fisher, Plaintiffs, v. Glenn S. GOORD, individually and in his official capacity as Acting Commissioner and former Deputy Commissioner of the New York State Department of Correctional Services, Thomas A. Coughlin, III, individually and in his official capacity as former Commissioner of the New York State Department of Correctional Services; Philip Coombe, individually and in his official capacities as former Assistant Commissioner and former Acting Commissioner of the New York State Department of Correctional Services; Anthony Annucci, individually and in his official capacity as Deputy Commissioner of the New York State Department of Correctional Services; Anginell Andrews, individually and in her official capacity as Superintendent of Albion Correctional Facility; Gary Stevens, individually and in his official capacity as Deputy Superintendent of Albion Correctional Facility, Robert Schwartz, individually and in his official capacity as Sergeant of Albion Correctional Facility; Martin Kearney, individually and in his official capacity as Acting Captain of Albion Correctional Facility; Gary Desalvo, individually and in his official capacity as Correctional Officer of Albion Correctional Facility, Frederick Hemley, individually and in his official capacity as Correctional Officer of Albion Correctional Facility; Ira Stiles, individually and in his official capacity as Correctional Officer of Albion Correctional Facility; Michael Galbreath, individually and in his official capacity as Sergeant of Albion Correctional Facility; Brian Malone, individually and in his official capacity as Inspector General of the New York State Department of Correctional Services; Barbara D. Leon, individually and in her official capacity as an Investigator for the Inspector General of the New York State Department of Correctional Services; D.A. Schmidt, individually and in his official capacity as Correctional Officer of Albion Correctional Facility; Bruce Kuttner, individually and in his official capacity as Correctional Officer of Albion Correctional Facility; Richard (Rick) Shimley, individually and in his official capacity as Correctional Officer of Albion Correctional Facility; Mark Taylor, individually and in his official capacity as Correctional Officer of Albion Correctional Facility; and Dino Thomas, individually and in his official capacity as Correctional Officer of Albion Correctional Facility, Defendants.

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

July 16, 1997.


Attorney(s) appearing for the Case

Glenn Edward Murray, Buffalo, NY, Thomas T. McVann, Westhampton Beach, NY, for Plaintiffs.

William Lonergan, Asst. Atty. Gen., Buffalo, NY, Andrew Lipkind, Williamsville, NY, Patrick B. Curran, Damon & Morey, Buffalo, NY, Robert C. Mulvey, Ithaca, NY, Brian J. O'Donnell, Rowley, Forrest, O'Donnell & Beaumont, Albany, NY, Mark D. Grossman, Niagara Falls, NY, Richard J. Barnes, Morris, Cantor, Barnes & Goodman, Buffalo, NY, Corey Hogan, Corey J. Hogan & Associates, Amherst, NY, Cheryl Smith Fisher, Buffalo, NY, Denise O' Donnell, Acting U.S. Atty., Buffalo, NY, Lawrence J. Vilardo, Mark Richard Uba, Connors & Vilardo, Buffalo, NY, Mark R. Walling, Watson, Bennett, et al., Buffalo, NY, Brian J. O'Donnell, Rowley, Forrest, O'Connell & Beaumont, Albany, NY, Kevin S. Casey, Hite & Casey, Albany, NY, Michael Sawicki, Buffalo, NY, for Defendants.


DECISION AND ORDER

ARCARA, District Judge.

INTRODUCTION

On July 18, 1996, plaintiffs, Amy Fisher ("Fisher"), an inmate at the Albion Correctional Facility ("Albion"), and her mother Roseann Fisher ("Mrs.Fisher"), commenced this action in the Eastern District of New York. The case was subsequently transferred to this Court.

Plaintiffs allege that, while Fisher has been incarcerated in Albion, she has been raped and sexually abused...

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