REYNOLDS v. BARRETT

Docket Nos. 10-4208-pr, 10-4235-pr.

685 F.3d 193 (2012)

Jerry REYNOLDS, Plaintiff-Appellant, v. Dave BARRETT, Industrial Superintendent of Elmira Correctional Facility, Larry Pocobello, Assistant Industrial Superintendent of Elmira, Jack Rathbun, General Foreman of Elmira Print Industry, Terry Chamberlain, Industrial Training Supervisor of Elmira Print Industry, Floyd Bennett, Superintendent of Elmira Correctional and Reception Center, George Sarno, Industrial Training Supervisor of Elmira Print Industry, Janice Kent, Industrial Training Supervisor of Elmira Print Industry, Dana M. Smith, Deputy Superintendent of Elmira, James P. Thompson, Senior Correction Counselor of Elmira, John Conroy, Director of Correctional Industry, Individually and in their official capacities, Defendants-Appellees. Khalib Gould, Plaintiff-Appellant, v. Terry Chamberlain, Industry Training Supervisor, Larry Pocobello, Industry Assistant Superintendent, Dave Barrett, Industry Superintendent, Jack Rathbun, Industry Foreman, Janice Kent, Industry Training Supervisor, Floyd Bennett, Elmira Correctional Facility's Superintendent, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2012.


Attorney(s) appearing for the Case

Guy A. Talia , Thomas & Solomon LLP, Rochester, NY ( J. Nelson Thomas , on the brief), for Plaintiffs-Appellants.

Andrew B. Ayers , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: McLAUGHLIN, CABRANES, and WESLEY, Circuit Judges.


WESLEY, Circuit Judge:

Plaintiffs primary argument on appeal presents a question of first impression in our circuit: whether recourse to the pattern-or-practice evidentiary framework is appropriate in a suit against individual state officials brought pursuant to 42 U.S.C. § 1983 for intentional discrimination.

I. BACKGROUND

This case has as a backdrop prior litigation involving claims of racial discrimination at Elmira Correctional Facility...

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