GASTON v. COUGHLIN

No. 90-CV-820(LEK/RWS).

81 F.Supp.2d 381 (1999)

Kenneth L. GASTON, Plaintiff, v. Thomas A. COUGHLIN, III, Commissioner, Department of Correctional Services; William Costello, Deputy Superintendent of Security Services, Eastern Correctional Facility; Silas Countryman, Sergeant; John B. Calhoun, Correction Officer; Jeffrey A. Marcus, Correction Officer; Sherman Richards, Correction Counselor; Robert Hoke, Superintendent, Eastern Correctional Facility; and Robert J. Fleming, Deputy Superintendent for Programs, Eastern Correctional Facility, Defendants.

United States District Court, N.D. New York.

November 3, 1999.


Attorney(s) appearing for the Case

Kenneth L. Gaston, Collins, NY, plaintiff pro se.

Office of Salvatore J. Piemonte, Syracuse, NY, for plaintiff, Salvatore J. Piemonte, of counsel.

Eliot L. Spitzer, Attorney General of the State of New York Litigation Bureau, Albany, NY, for the defendants, Jeffrey P. Mans, of counsel.


MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Plaintiff Kenneth L. Gaston, an inmate in the custody of the New York State Department of Correctional Services, brings this action because he alleges that in 1988 Defendants John B. Calhoun and Jeffrey A. Marcus, who are Correction Officers employed by the State, imposed disciplinary sanctions on him in retaliation for Constitutionally protected activities. Specifically, the Plaintiff, who then...

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