LEWIS EX REL. LEWIS v. GAGNE

No. 1:02 CV 129.

281 F.Supp.2d 429 (2003)

Vanessa LEWIS, as Parent and Legal Guardian of Cory Devane LEWIS, a Minor Child, and Cory Devane Lewis, Plaintiffs, v. Aaron GAGNE; Joseph Rumpf; "John Does," 1 and 2, as fictitious names and the real identity of this individual who, upon information and belief, is an Officer and/or Employee of the New York State Office of Children and Family Services employed at the Tryon Residential Facility, in their Individual and Official Capacities; and Jane Doe No. 1, as fictitious name and the real identity of this individual who, upon information and belief, is a nurse employed by the New York State Office of Children and Family Services, in her Individual and Official Capacity, Defendants.

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

August 20, 2003.


Attorney(s) appearing for the Case

Elmer R. Keach, III, Esq., Albany, NY, for Plaintiffs.

Eliot Spitzer, Attorney General of the State of New York (Nelson Sheingold, Esq., Asst. Attorney General, of Counsel), Albany, NY, for Defendants.


ORDER

HURD, District Judge.

I. INTRODUCTION

Pursuant to 42 U.S.C. § 1983, Corey Lewis ("Lewis") and his mother, Vanessa Lewis (collectively "plaintiffs"), brought suit against Aaron Gagne ("Gagne"), Joseph Rump ("Rump") and others employed by the New York State Office of Children and Family Services ("OCFS") (collectively "defendants"), alleging excessive use of force...

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