HARRISON v. BARKLEY

Docket No. 97-2286.

219 F.3d 132 (2000)

Duane HARRISON, Plaintiff-Appellant, v. Wayne BARKLEY, Superintendent of Riverview Correctional Facility; Dr. Robert Hoehn, Dentist at Riverview Correctional Facility; Tammy Bechaz, Inmate Grievance Supervisor; and Sylvia Laguna, Inmate Grievance Director, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 17, 2000.


Attorney(s) appearing for the Case

Marlene Tuczinski, Assistant Attorney General, Albany, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Peter G. Crary, Assistant Attorney General, on the brief) for Defendants-Appellees.

Nicomedes Sy Hererra, New York, N.Y. (Charles E. Dorkey III, Todd L. Schleifstein, Haythe & Curley, on the brief) for Plaintiff-Appellant.

Before: MESKILL, JACOBS and LEVAL, Circuit Judges.


MESKILL, Circuit Judge, filed dissenting opinion.

JACOBS, Circuit Judge:

Plaintiff-Appellant Duane Harrison, a prison inmate whose teeth were few and bad, alleges that prison officials refused to treat a cavity in one tooth unless he consented to the extraction of another tooth, which was also diseased but which he nevertheless wished to keep. Harrison pleads that this conduct violated his rights under the Eighth and Fourteenth Amendments and seeks compensatory...

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