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BRITT v. GARCIA

Docket No. 05-0641-PR.

457 F.3d 264 (2006)

Don Juan BRITT, Plaintiff-Appellee, v. Maria E. GARCIA, Department of Correction, Classification and Movement Analysis, Terry David, D.O.C.'s Classification and Movement, Superintendent John McGinnis, Superintendent Hans Walker, Auburn Correctional Facility, Correction Counselor Robert Mitchell, Auburn Correctional Facility S.H.U., Superintendent Charles Griener, Sing Sing Correctional Facility, Defendants, Commissioner Glenn S. Goord of the Department of Corrections, Deputy Superintendent for Security, William Connolly, in their individual capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 25, 2006.

Attorney(s) appearing for the Case

Jean Lin, Assistant Solicitor General, Office of the Attorney General of the State of New York (Eliot Spitzer, Attorney General of the State of New York, Michael S. Belohlavek, Deputy Solicitor General, of counsel), New York, NY, for Defendants-Appellants.

Paul E. Kerson, Leavitt, Kerson & Duane, (John F. Duane, Ira R. Greenberg, of counsel), New York, NY, for Plaintiff-Appellee.

Before CARDAMONE, LEVAL, and SACK, Circuit Judges.

SACK, Circuit Judge.

Plaintiff-appellee Don Juan Britt, a state prisoner incarcerated at the Sing Sing Correctional Facility in Ossining, New York, brought suit in the United States District Court for the Southern District of New York against various New York State Department of Correctional Services and correctional facility officials. He alleged that the defendants violated his rights under the Eighth Amendment to the United States Constitution by failing to protect...

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