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PARKINSON v. COZZOLINO

No. 00-0126.

238 F.3d 145 (2001)

Donald PARKINSON, Plaintiff-Appellee, v. Beth COZZOLINO, Columbia County District Attorney and Catherine Leahy, Columbia County Assistant Attorney, Defendants-Appellants, New York State Department of Correctional Services, Glen S. Goord, Commissioner, Department of Correctional Services, James Bertram, Columbia County Sheriff, and County of Columbia, Defendants.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided January 4, 2001.

Attorney(s) appearing for the Case

George A. Huwel, Huwel & Mulhern, Franklin Square, NY, for Plaintiff-Appellee.

Michael J. Hutter, Thuillez, Ford, Gold & Johnson (Karen A. Butler, On the Brief), Albany, NY, for Defendants-Appellants.

Before KEARSE, McLAUGHLIN, and STRAUB, Circuit Judges.

STRAUB, Circuit Judge:

Defendants-Appellants Beth Cozzolino, Columbia County District Attorney, and Catherine Leahy, Columbia County Assistant District Attorney, appeal from an order of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge), denying in part their motion for summary judgment. Plaintiff-Appellee Donald Parkinson had filed claims against Cozzolino and Leahy under 42 U.S.C. §§ 1983, 1988, and...

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