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VARRONE v. BILOTTI

Nos. 779, 1392, Dockets 96-2368(L), 96-2382(XAP).

123 F.3d 75 (1997)

Anthony VARRONE, Plaintiff-Appellee-Cross Appellant, v. Michael BILOTTI; Cynthia Johnson; Bert Ross; Francisco Berrios; Raymond R. Bara; John Does 1-10; Defendants, John Matthews; Henrique Frett, Correction Lieutenant at Arthur Kill; Thomas Eisenschmidt, Correction Captain at Arthur Kill; Gerald A. Wells, Deputy Superintendent of Security at Arthur Kill; Juan Ramos, Inspector General's Office of the DOCS; Thomas Mansfield, Deputy Inspector General of the DOCS; Brian F. Malone, Inspector General of the DOCS; Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Second Circuit.

Decided August 18, 1997.

Attorney(s) appearing for the Case

Kevin J. Lambeson, Assistant Attorney General, New York City (Dennis C. Vacco, Attorney General of New York, on the brief), for Defendants-Appellants-Cross Appellees.

Thomas E. Butler, New York City (Chadbourne & Parke, Bernard W. McCarthy, Sankar Suryananayan, New York City, on the brief), for Plaintiff-Appellee-Cross Appellant.

Before: NEWMAN, KEARSE and FRIEDMAN, Circuit Judges.

FRIEDMAN, Circuit Judge:

I

A. In March 1989, Kings County Assistant District Attorney Eric Seidel, then Deputy Chief of the Narcotics Bureau, telephoned Brian Malone, Inspector General for the New York State Department of Correctional Services (the "Department") and told him that "he had received information from what he believed to be a reliable source that Anthony Varrone and Claire Varrone would be visiting Joseph Varrone, their father and husband, then...

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