No. 98-CV-1873(LEK)(RWS).

119 F.Supp.2d 130 (2000)

Russel J. IRBY, Plaintiff, v. Art FRISNIA, Jr., Evening Doctor, Cape Vincent Correctional Facility; Marcel Thibert, Nurse, Cape Vincent Correctional Facility; and Horace Thibert, Nurse, Cape Vincent Correctional Facility, Defendants.

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

September 25, 2000.

Attorney(s) appearing for the Case

Russell James Irby, Rome, NY, pro se.

Darren O'Connor, AAG, Office of Atty. Gen., Albany, NY, for defendants.


KAHN, District Judge.

Presently before the Court is Plaintiff's motion for summary judgment and Defendants' cross motion for summary judgment. For the reasons set forth below, Plaintiff's motion is DENIED and Defendants' motion is GRANTED.


On December, 7, 1998, Plaintiff, an inmate residing at the Cape Vincent Correctional Facility, brought this action pursuant to 42 U.S.C. §...

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