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BLISSETT v. CASEY

No. 1126, Docket 97-2459.

147 F.3d 218 (1998)

Donovan BLISSETT, Plaintiff-Appellee, v. Sgt. CASEY, Sgt. Greene, Timothy Mulhall, and A. Connors, R.N. Medical Dept., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 25, 1998.

Attorney(s) appearing for the Case

Martin A. Hotvet, Assistant Attorney General, Albany, NY (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Peter G. Crary, Assistant Attorney General, Albany, NY, of counsel), for Defendants-Appellants.

Stanley L. Cohen, New York City (Claudia A. Smith, Kingston, NY, James J. Burns, Albany, NY, of counsel), for Plaintiff-Appellee.

Before: McLAUGHLIN and LEVAL, Circuit Judges, and SAND, District Judge.

LEVAL, Circuit Judge:

This appeal raises the question whether the attorneys' fee provisions of the Prisoner Litigation Reform Act ("PLRA" or "Act"), 42 U.S.C. § 1997e(d), must be applied to all awards of attorneys' fees under 42 U.S.C. § 1988 in prisoner civil rights litigation made after the effective date of the Act. Plaintiff Donovan Blissett prevailed in an action under 42 U.S.C. § 1983 in the United States District Court for the Northern District...

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