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GIANO v. GOORD

No. 02-0105.

380 F.3d 670 (2004)

Julio GIANO, Plaintiff-Appellant, v. Glen GOORD, Commissioner Department of Correctional Services, Donald Selsky, Director Special Housing Programs, Frank Irvin, Superintendent, Wende Correctional Facility, Roy Henneberg, Deputy Supt. of Security, Jeffrey Skinner, Captain, Wende Correctional Facility, Walter Shannon, Lieutenant, Wende Correctional Facility, James Burke, Sergeant, Wende Correctional Facility, Timothy Jeziorski, Sergeant, Wende Correctional Facility, and Thomas Lamb, Michael Bishop, Gary Keohane, E. McEvoy, Howard Brennan, John Barbera, and John Doe, Correctional Officers, Wende Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2004.

Attorney(s) appearing for the Case

Arthur S. Linker, Katten, Muchin, Zavis Rosenman, New York, NY (Elena Paraskevas-Thadani, 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.

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

CALABRESI, Circuit Judge.

Julio Giano, an inmate at Wende Correctional Facility ("Wende") in Alden, New York, filed suit in the United States District Court for the Western District of New York, alleging that, in violation of 42 U.S.C. § 1983, the defendants, various state and Wende officials, retaliated against him for filing an earlier lawsuit against prison authorities and for prevailing in a disciplinary proceeding. The district court (Siragusa, J.

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