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ABNEY v. McGINNIS

No. 02-0241.

380 F.3d 663 (2004)

Horace ABNEY, Plaintiff-Appellant, v. John McGINNIS, Superintendent, Mario Malvarosa, Doctor, Paul Wilson, Physicians Assistant, Ann Arckert, Nurse, John Doe, Jane Doe, et al., whose names are unknown at this time, Michael Dipompo, Doctor, Defendants-Appellees, New York State Department of Correctional Services, New York State Medical Dept., Mile Napapa, Doctor, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2004.

Attorney(s) appearing for the Case

Michael E. Cassidy, Prisoners' Legal Services of New York, Plattsburgh, NY (Tom Terrizzi, on the brief), for Plaintiff-Appellant.

Martin A. Hotvet, Assistant Solicitor General, for Eliot Spitzer, Attorney General, State of New York, Albany, NY (Caitlin Halligan, Solicitor General; Michael S. Belohlavek, Deputy Solicitor General; David Lawrence III, Assistant Solicitor General; Sachin Pandya, Assistant Solicitor General, on the brief), for Defendants-Appellees.

David B. Hamm, Herzfeld & Rubin, P.C., New York, NY, for Individual Defendant-Appellee Michael DiPompo.

Before: CALABRESI and SACK, Circuit Judges, and PAULEY, District Judge.

PAULEY, District Judge.

Horace Abney, an inmate at the Woodbourne Correctional Facility in Woodbourne, New York, filed suit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Southern District of New York, alleging that various prison officials and state and private medical professionals violated his Eighth Amendment rights through their deliberate indifference to his medical needs. The district court (Scheindlin, J.) dismissed Abney...

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