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CRUZ v. JORDAN

Docket No. 02-0359.

357 F.3d 269 (2004)

Felix CRUZ Plaintiff-Appellant, v. Dr. Barry JORDAN, Vassar Brothers Hospital, Medical Dept., Green Haven CF, New York State Department of Corrections, Green Haven Correctional Facility, # 3 "John Doe C.O.", # 7 "John Doe P-A.", Mr. A.D. Miller, Ms. Fish-Gerald, Dr. Selwin, Defendants, Michael PRUSAK, C.O., Dr. Harold Mamis, Michael Coryers, C.O., Dr. John Bendheim, M.D., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 4, 2004.

Attorney(s) appearing for the Case

Jonathan D. Pressment, Hughes Hubbard & Reed (Daniel H. Weiner, Michael P. Hatzimichalis), New York, N.Y. for Appellant.

Oren L. Zeve, Assistant Solicitor General, of counsel, (Eliot Spitzer, Attorney General of the State of New York, Michael S. Belohlavek, Deputy Solicitor General, of the State of New York), New York, N.Y. for Appellees.

Before: WALKER, Chief Judge, CALABRESI and CABRANES, Circuit Judges.

PER CURIAM.

Plaintiff-appellant Felix Cruz appeals from the district court's November 15, 2002 order denying his motion for a new trial after a jury verdict rejected his claim of deliberate medical indifference pursuant to 42 U.S.C. § 1983 in violation of the Eighth and Fourteenth Amendments against defendants-appellees corrections officers Michael Prusak and Michael Coryers and physicians John Bendheim and Harold Mamis, all employees of the New York State Department...

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