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SMITH v. CARPENTER

Docket No. 01-0294.

316 F.3d 178 (2003)

Willie SMITH, Plaintiff-Appellant, v. Nurse CARPENTER, Superintendent Wilkinson, Superintendent at Pharsalia Corr. Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 14, 2003.

Attorney(s) appearing for the Case

Erik T. Koons, Howrey Simon Arnold & White, LLP, Washington, D.C. (Tifanie Gardner, Georgetown University Law Center, on the brief), for Plaintiff-Appellant.

Marcus J. Mastracco, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York; Nancy A. Spiegel, Assistant Solicitor General, on the brief), Albany, N.Y., for Defendants-Appellees.

Before: WALKER, Chief Judge, CARDAMONE and STRAUB, Circuit Judges.

STRAUB, Circuit Judge.

Plaintiff-appellant Willie Smith ("Smith") appeals from a judgment of the United States District Court for the Northern District of New York (Norman A. Mordue, Judge), denying his motion for a new trial following a jury verdict in favor of the defendant prison officials, Colleen Carpenter ("Carpenter") and James Wilkinson ("Wilkinson"). Smith filed suit under 42 U.S.C. § 1983 alleging that the defendants violated the Eighth Amendment...

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