HALL v. STATE OF NEW YORK

No. 11-1350-cv.

PETER HALL, Plaintiff-Appellee, v. STATE OF NEW YORK, GREEN HAVEN CORRECTIONAL FACILITY, INVACARE CORPORATION, LUCIEN J. LECLAIRE, JR., Commissioner of the New York State Department of Correctional Services, individually and in his official capacity, GLENN GOORD, former Commissioner of the New York State Department of Correctional Services, individually and in his official capacity, LESTER WRIGHT, M.D., M.P.H., Associate Commissioner/Chief Medical Officer of the New York State Department of Correctional Services, individually and in his official capacity, ROBERT ERCOLE, Superintendent of Green Haven Correctional Facility, individually and in his official capacity, FREDERICK BERNSTEIN, THOMAS POOLE, Superintendent of Five Points Correctional Facility, individually and in his official capacity, FREDERICK BERNSTEIN, M.D., Medical Director at Green Haven Correctional Facility, individually and in his official capacity, JOHN DOE, 1-25, Correction Officers, Nursing Staff, and other employees of Green Haven Correctional Facility, individually and in their official capacity, THOMAS EAGAN, Director of the Inmate Grievance Program for the New York State Department of Correctional Services, individually and in his official capacity, ROBERT ERCOLE, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, WILLIAM PHILLIPS, former Superintendent of Green Haven Correctional Facility, individually and in his official capacity, THOMAS POOLE, JANE DOE, 1-25, Correction Officers, Nursing Staff, and other employees of Green Haven Correctional Facility, individually and in their official capacities, Defendants, DONALD STEVENS, Head Nurse Administrator at Green Haven Correctional Facility, individually and in his official capacity, DANIEL WEINSTOCK, M.D., Medical Director at Five Points Correctional Facility, individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

March 27, 2012.


Attorney(s) appearing for the Case

RAMI BARDENSTEIN , Frommer Lawrence & Haug LLP, Washington, D.C. ( David A. Zwally , Gina M. Bassi , Frommer Lawrence & Haug LLP, New York, N.Y., on the brief), for Plaintiff-Appellee.

DAVID LAWRENCE III , Assistant Solicitor General, ( Barbara D. Underwood , Solicitor General, Richard Dearing , Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, N.Y., for Defendants-Appellants.

Present: ROBERT A. KATZMANN, REENA RAGGI, Circuit Judges, JED S. RAKOFF, District Judge.


SUMMARY ORDER

ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is REVERSED and REMANDED with instructions to enter judgment in favor of defendants-appellants.

Defendants-appellants Donald Stevens and Daniel Weinstock bring this interlocutory appeal following entry of a memorandum decision and order in the United States...

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