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BENNETT v. GOORD

Docket No. 01-0184.

343 F.3d 133 (2003)

Anthony BENNETT, Plaintiff-Appellant, v. Glenn S. GOORD; Superintendent Kelly; V. Herbert, Superintendent; R. Becker, DSP; M. Williams, Superintendent Gowanda Correctional Facility; Hiam, Captain, Gowanda Correctional Facility; Maternowski, Sergeant, Gowanda Correctional Facility; C.O. Grange, Gowanda Correctional Facility; C.O. Lavocci, Gowanda Correctional Facility; C.O. Osgood, Correctional Officer, Gowanda; Head Nurse, Gowanda Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 28, 2003.

Attorney(s) appearing for the Case

JOHN W. BERRY (Jonathan M. Jacobson, on the brief), Akin Gump Strauss Hauer & Feld, L.L.P., New York, NY, for Plaintiff-Appellant.

FRANK BRADY, Assistant Solicitor General (Nancy A. Spiegel, Assistant Solicitor General, on the brief), for Eliot Spitzer, Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: WINTER, B.D. PARKER, JR., and RAGGI, Circuit Judges.

B.D. PARKER, JR., Circuit Judge.

Anthony Bennett appeals from a judgment of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge). Bennett brought claims under 42 U.S.C. § 1983 alleging that various officials of the New York State Department of Correctional Services (DOCS) had retaliated against him as a consequence of his engaging in constitutionally protected conduct: the successful prosecution of a prior...

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