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POWELL v. SCHRIVER

No. 543, Docket 97-2851.

175 F.3d 107 (1999)

Wayne POWELL, as Executor of the estate of Dana Kimberly Devilla, Plaintiff-Appellant, v. Sunny SCHRIVER, Superintendent; Thomas A. Coughlin, III; C.O. Lynch; C.O. Crowley, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 2, 1999.

Attorney(s) appearing for the Case

James Ostrowski, Buffalo, NY (Salvatore P. Abbate, on the brief), for plaintiff-appellant.

Daniel Smirlock, Assistant Attorney General, Albany, NY (Dennis C. Vacco, Attorney General; Peter H. Schiff, Deputy Solicitor General; Nancy A. Spiegel, Assistant Attorney General, on the brief), for defendants-appellees.

Before WINTER, Chief Judge, and OAKES and JACOBS, Circuit Judges.

JACOBS, Circuit Judge.

Plaintiff Dana Kimberly Devilla filed suit in the United States District Court of the Western District of New York (Foschio, M.J.), alleging that while she was an inmate at Albion Correctional Facility, Correction Officer Jeffrey Lynch disclosed to other inmates and staff members that she was an HIV-positive transsexual, thereby violating (inter alia) her constitutional right to privacy, as well...

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