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LORA v. O'HEANEY

Docket No. 09-3690-pr.

602 F.3d 106 (2010)

Iesha LORA, Plaintiff-Appellee, v. Captain O'HEANEY, Officer White, Officer Tuckler, Officer Mitchell, Beatrice Forrester, Chief Doctor, Medical Doctor Macgapal, Warden M. Mack, Captain of Security Jose Santos, City of New York, Captain Walker, D.E. White, Defendants, Ada Perez, Supt-Bedford, G. Schnieder, DSS Bedford, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: April 12, 2010.

Attorney(s) appearing for the Case

Jonathan K. Chang (James W.B. Benkard, Jonathan L. Adler, Justin G. Sommers, of counsel), Davis Polk & Wardwell LLP, New York, NY, for Plaintiff-Appellee.

Richard O. Jackson, Assistant Solicitor General (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Peter Karanjia, Special Counsel to the Solicitor General, of counsel), Office of the Attorney General of New York, NY, for Defendants-Appellants.

Before: CABRANES and PARKER, Circuit Judges, and UNDERHILL, District Judge.

UNDERHILL, District Judge:

Defendants Ada Perez ("Perez") and Gwen Schneider ("Schneider"), two New York State Department of Corrections officials, appealed from an order denying their motion for summary judgment on qualified immunity grounds and also from an order denying their motion for reconsideration of that summary judgment ruling. A motions panel of this Court previously ruled that only the appeal from the motion for reconsideration was timely. We now hold...

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