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GRIFFIN v. CRIPPEN

Docket No. 98-3704.

193 F.3d 89 (1999)

Brevard GRIFFIN, Plaintiff-Appellant, v. CRIPPEN, Correctional Officer, Auburn Correctional Facility, Mr. Allen, Correctional Officer, Auburn Correctional Facility, and Jon Budelman, Prosecutor, Cayuga County Court, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 20, 1999.

Attorney(s) appearing for the Case

Brevard Griffin, pro se, Alden, New York, for Plaintiff-Appellant.

Eliot Spitzer, Attorney General of the State of New York (Peter H. Schiff, Deputy Solicitor General; Nancy A. Spiegel, Daniel Smirlock, Assistant Attorneys General, of counsel), Albany New York, for Defendants-Appellees.

Before: WINTER, Chief Judge, KEARSE, and STRAUB, Circuit Judges.

WINTER, Chief Judge:

Brevard Griffin appeals from Judge Scullin's sua sponte dismissal of the complaint in this 42 U.S.C. § 1983 case alleging violations of the Eighth Amendment based on excessive force and the prosecution of allegedly false criminal charges. Appellant also moves for damages in the amount of $250,000. For the reasons set forth below, we reverse the dismissal of the excessive force claim and affirm the dismissal of claims concerning false...

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