ESPINAL v. GOORD

Docket No. 07-0612-pr.

558 F.3d 119 (2009)

Cesar A. ESPINAL, Plaintiff-Appellant, v. Commissioner Glenn S. GOORD, Brian F. Malone, Inspector General of the New York State Department of Correctional Services, Christopher P. Artuz, Former Superintendent of Green Haven Correctional Facility, W. Totten, Captain of Green Haven Correctional Facility, Coleman S. Wilson, Correctional Sergeants of Green Haven Correctional Facility, Kenneth G. Hafford, Correctional Sergeants of Green Haven Correctional Facility, Jerry W. Surber, Correctional Officer of Green Haven Correctional Facility, Frasher, Correctional Officer of Green Haven Correctional Facility, Rosario, Correctional Officer of Green Haven Correctional Facility, Ayotle, Correctional Officer of Green Haven Correctional Facility, Daniel F. Martucello, Correctional Officer of Green Haven Correctional Facility, B. Rodas, Correctional Medical Providers of Green Haven Correctional Facility, B. Healy, Correctional Medical Providers of Green Haven Correctional Facility, Chakravarty, Correctional Medical Providers of Green Haven Correctional Facility, John Doe 1-2, in their personal and individual capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 2, 2009.

Amended: February 27, 2009.


Attorney(s) appearing for the Case

Cesar A. Espinal, pro se, for Plaintiff-Appellant.

Marion R. Buchbinder, Assistant Solicitor General, (Barbara D. Underwood, Solicitor General, Benjamin N. Gutman, Deputy Solicitor General, Assistant Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: LEVAL, POOLER, and PARKER, Circuit Judges.


POOLER, Circuit Judge:

Cesar A. Espinal, an inmate of the New York State Department of Correctional Services ("DOCS"), filed a lawsuit, 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 treatment in violation of the Eighth Amendment, that they did so in retaliation...

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