McCLARY v. KELLY

No. 00-143.

237 F.3d 185 (2001)

David McClary, Plaintiff-Appellee, v. Walter R. Kelly; Philip Coombe, Acting Commissioner, Department of Correctional Services, Defendants, Thomas A. Coughlin, III; Albert Hall; Frank E. Irvin, Superintendent of Wende Correctional Facility; Ricky Branning, Deputy Superintendent for Security, Defendants-Appellants.

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

Decided: January 11, 2001.


Attorney(s) appearing for the Case

ANNA MARIE RICHMOND, ESQ., The Western New York Law Center, Inc., Buffalo, NY, for appellee.

MARTIN A. HOTVET, Assistant Solicitor General; Daniel Smirlock & Peter H.

Before: MESKILL, LEVAL, and CALABRESI, Circuit Judges.


PER CURIAM:

Plaintiff, a prisoner in the New York State prison system serving a felony sentence, was held for an extensive period in administrative segregation in three different institutions. On a jury verdict finding that the prison system gave no periodic review (that was not found to be a sham) of his administrative segregation status, plaintiff was awarded damages. Defendants claim that they are entitled to qualified immunity.

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