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CLARK v. PHILLIPS

No. 93-CV-388(NPM).

965 F.Supp. 331 (1997)

Kevin CLARK, Plaintiff, v. C.O. PHILLIPS, C.O. Donnelley, C.O. Byrne, and C.O. Braden, Defendants.

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

June 2, 1997.

Attorney(s) appearing for the Case

Donald R. Gerace, Utica, NY, for Plaintiff.

Dennis C. Vacco, Attorney General of the State of New York, Lisa Renee Harris, Assistant Attorney General, Albany, NY, for Defendants.

MEMORANDUM-DECISION & ORDER

McCURN, Senior District Judge.

BACKGROUND

After a four day trial in Syracuse, New York, a jury awarded plaintiff Kevin Clark $10,000.00 in damages in his civil rights action brought pursuant to 42 U.S.C. § 1983. In finding for the plaintiff, the jury concluded that defendants violated plaintiff's Eighth Amendment right to be free from cruel and unusual punishment. Plaintiff now submits this instant application...

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