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FISCHL v. ARMITAGE

Nos. 1631, Docket 96-2852.

128 F.3d 50 (1997)

Josef FISCHL, Plaintiff-Appellant, v. David ARMITAGE, Corrections Sergeant, and S.A. Marshall, Corrections Officer, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 9, 1997.

Attorney(s) appearing for the Case

Michael E. Cassidy, Plattsburgh, NY (Prisoners' Legal Services of New York, Plattsburgh, NY, on the brief), for Plaintiff-Appellant.

Gina M. Ciccone, Assistant Attorney General, Albany, NY (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, Albany, NY, on the brief), for Defendants-Appellees.

Before: NEWMAN, KEARSE, and CALABRESI, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff Josef Fischl, formerly an inmate in New York State's Clinton Correctional Facility ("Clinton"), appeals from a final judgment of the United States District Court for the Northern District of New York, Daniel Scanlon, Jr., Magistrate Judge, dismissing his complaint, brought under 42 U.S.C. § 1983 (1994), alleging that defendants David Armitage and S.A. Marshall, correctional officers at Clinton, violated Fischl's right under...

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