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HEMPHILL v. NEW YORK

No. 02-0164.

380 F.3d 680 (2004)

John HEMPHILL, Plaintiff-Appellant, v. State of NEW YORK, C.O. Surber, C.O. William E. Kelly, C.O. Daniel J. Gunderman, C.O. Carola Straley, C.O. Miller, C.O. Thomas W. Boss, and C. Sgt S.J. Williams, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2004.

Attorney(s) appearing for the Case

Joel Landau, Prisoners' Legal Services of New York, Albany, N.Y. (Karen Murtagh-Monks, Tom Terrizzi, on the brief), for Plaintiff-Appellant.

Sachin Pandya, Assistant Solicitor General, for Eliot Spitzer, Attorney General, State of New York, New York, N.Y. (Martin Hotvet, David Lawrence III, on the brief), for Defendants-Appellees.

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

CALABRESI, Circuit Judge.

John Hemphill, an inmate at Green Haven Correctional Facility ("Green Haven") in Stormville, New York, filed suit, under 42 U.S.C. § 1983, in the United States District Court for the Southern District of New York, alleging, inter alia, that the defendants used excessive force against him and denied him medical attention in violation of the Eighth Amendment's prohibition on cruel and unusual punishment. After the Supreme Court...

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