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RODRIGUEZ v. MCCLENNING

No. 03 Civ. 5269(SAS).

399 F.Supp.2d 228 (2005)

Israel RODRIGUEZ, Plaintiff, v. D. MCCLENNING, Defendant.

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

April 22, 2005.

Attorney(s) appearing for the Case

Israel Rodriguez, New York City, Plaintiff pro se.

Gabriel Hertzberg, Assistant Attorney General of the State of New York, New York City, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Israel Rodriguez, an inmate at the Green Haven Correctional Facility ("Green Haven") is suing Daniel McClenning, a corrections officer at Green Haven, under section 1983 of Title 42 of the United States Code ("section 1983") for violating his First, Eighth, and Fourteenth Amendment rights. Rodriguez alleges that McClenning sexually assaulted him during a routine pat...

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