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BAKER v. KRIEGER

No. 01-CV-6017L.

287 F.Supp.2d 207 (2003)

Sherman Scott BAKER, Plaintiff, v. Drill Instructor KRIEGER, et al., Defendants.

United States District Court, W.D. New York.

September 4, 2003.

Attorney(s) appearing for the Case

Sherman Scott Baker, Plattsburg, NY, Pro se.

Kelly Ann McCarthy, Office of the New York State Attorney General, Rochester, NY, for Defendant.

DECISION AND ORDER

LARIMER, District Judge.

INTRODUCTION

Plaintiff, Sherman Scott Baker, an inmate in the custody of the New York State Department of Correctional Services ("DOCS"), filed an amended complaint in which he raised an excessive force claim against defendant Krieger. Plaintiff claims that on November 29, 1998, Krieger struck plaintiff in the back of the head, punched him numerous times in the ribs, and slammed him against the...

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