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DEVILLA v. SCHRIVER

No. 00-177.

245 F.3d 192 (2001)

Dana Kimberly DEVILLA, Plaintiff, Wayne Powell, as Executor of the estate of Dana Kimberly Devilla, Plaintiff-Appellant, v. Sunny L. SCHRIVER, Superintendant, Thomas A Coughlin, III, C.O. Lynch and Crowley, C.O., Defendants-Appellees.

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

Decided: April 3, 2001.

Attorney(s) appearing for the Case

James Ostrowski, Buffalo, N.Y. (Salvatore P. Abbate, on the brief), for Plaintiff-Appellant.

Victor Paladino for Eliot Spitzer, Attorney General for the State of New York, Albany, N.Y. (Nancy A. Spiegel and Daniel Smirlock, on the brief) for Defendants-Appellees.

Before JACOBS and CALABRESI, Circuit Judges, and ARTERTON, District Judge.

CALABRESI, Circuit Judge:

I. BACKGROUND

This is Dana Kimberly D'Villa's1 ("D'Villa" or "plaintiff") second appeal in her Civil Rights action, originally brought in the United States District Court for the Western District of New York,2 pursuant to 42 U.S.C. § 1983. D'Villa alleges that while she was an inmate in the custody of the State of New York at the Albion Correction Facility (the "Albion...

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