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MORRIS v. EVERSLEY

No. 00 Civ. 8166(DC).

343 F.Supp.2d 234 (2004)

Beatrice MORRIS, Plaintiff, v. Gilbert EVERSLEY, Defendant.

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

November 9, 2004.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy LLP by Joseph S. Genova, Elena A. Agarkova, Atara Miller, Anthony Joseph Rotondi, New York, New York, for Plaintiff.

Hinman Straub P.C. by James T. Potter, David Novak, Albany, New York, for Defendant.

OPINION

CHIN, District Judge.

In this case, plaintiff Beatrice Morris was sexually assaulted by defendant Gilbert Eversley in April 1999, when she was an inmate and he was a corrections officer at the Bayview Correctional Facility ("Bayview"), a women's prison. One night, while Morris was sleeping, Eversley entered her cell and attempted to rape her.

A few weeks before she was released from prison, Morris brought this action for damages

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