WEBB v. GOORD

Docket Nos. 02-0097(L), 02-0233.

340 F.3d 105 (2003)

Michael WEBB, Donyell Beckwith, Willie Bradley, Mariano Cappelanmena, Timothy Collier, Steven Corbett, Rene Ellis, Leon Hardy, Tommy Jackson, Jr., Jeffrey McNeil, Brian Morgan, Jimmy Ramos, Shaka Reynolds, Eric Smith, Angel Valentine, James Walls, Edward Walsh, Sam Waters, Richard Weatherly, Harry Williams, Rodney Wright, Herbert Burgess, Manny Cabassa, Andres Chaparro Shawn Corwall, Gerald DeRosse, Michael McKenzie, Daniel Morales, Thomas Murphy, Cornelius Ricks, and George Simmons, Plaintiffs-Appellants, v. Glen S. GOORD, Individually and as Commissioner of the New York State Dept. of Correctional Services, Dr. Lester Wright, Individually and as Associate Commissioner for Health Services of the New York State Dept. of Correctional Services, Frank Headley, Individually and as Superintendent of the Arthur Kill Correctional Facility, Daniel Senkowski, Individually and as Superintendent of the Clinton Correctional Facility, Charles Greiner, Individually and as Superintendent of the Sing Sing Correctional Facility, Earl Couture, Individually and as Superintendent of the Governeur Correctional Facility, Michael McGinnes, Individually and as Superintendent of the Southport Correctional Facility, Edward Reynolds, Individually and as Superintendent of the Mohawk Correctional Facility, Robert Kuhlmann, Individually and as Superintendent of the Sullivan Correctional Facility, Melvin L. Hollins, Individually and as Superintendent of the Oneida Correctional Facility, Connelly, Mr., as Deputy Director of Security Sing Sing Correctional Facility, Gebber, Mr. as Correctional Counsel of Sing Sing Correctional Facility, Peter Lacy, Individually and as Superintendent of the Bare Hill Correctional Facility, Brian Malone, as Inspector General of the Docs, Berios, Sgt., Netti Condell, Correction Counselor, Joseph McCoy, Individually and as Superintendent of the Cayuga Correctional Facility, Huggins Sgt., Blankenship, Sgt., Daniel Crumb, Officer, Putnam, Officer, John Doe Kelly, Officer, Wein, Officer, Foster, Officer, Caldwell, Lt., Bishop, Sgt., Connelly, Deputy Superintendent, Sherman, Lt., Farrel, Lt., Vaughan, Sgt., Hood, Correction Officer, Charles Dufrain, Individually and as Superintendent of the Franklin Correctional Facility, Sweeney, Mr., as Deputy Superintendent of Security at the Governeur Correctional Facility, Rabsatt, Captain, Bourgal, Sgt., R. Nagle, Correction Officer, T. Link, Correction Officer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 13, 2003.


Attorney(s) appearing for the Case

Paul E. Kerson, John F. Duane (of counsel), Koppell, Leavitt, Kerson, Leffler & Duane, New York, NY, for Plaintiffs-Appellants.

David Lawrence III, Assistant Solicitor General, Eliot Spitzer, Attorney General of the State of New York, and Michael Belohlavek, Deputy Solicitor General (of counsel), New York, NY, for Defendants-Appellees.

Before: POOLER, SACK, and B.D. PARKER, JR., Circuit Judges.


POOLER, Circuit Judge.

The original complaint in this action was filed on October 8, 1999, and an amended complaint was filed on January 14, 2000 before the defendants had responded to the original complaint. The district court dismissed the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), but granted the plaintiffs an opportunity to replead their allegations. Webb v. Goord, 197 F.R.D. 98 (S...

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