VINCENT v. YELICH

Docket Nos. 11-3893-pr, 11-3966-pr, 12-0439-pr.

718 F.3d 157 (2013)

Shawn Michael VINCENT, Jimmie Johnson, Seneca Robinson, Gary St. Mary, Walter Eades, Reginald Johnson, Donald McLean, Jeffrey Palmer, Wayne B. Wright, Jr., Shawn Goodman, David Waddell, Plaintiffs-Appellants, v. Bruce S. YELICH, Superintendent, Bare Hill Correctional Facility, in his official and unofficial capacity; Brian Fischer, in his individual capacity and his official capacity as Commissioner of the New York State Department of Correctional Services; Anthony J. Annucci, in his individual capacity and his official capacity as Executive Deputy Commissioner of and counsel to the New York State Department of Correctional Services; Richard deSimone, in his individual capacity and his official capacity as Associate Counsel in Charge of the Office of Sentencing Review of the New York State Department of Correctional Services; Lucien J. Leclaire, Jr., in his individual capacity; Glenn S. Goord, in his individual capacity; Henry Lemons, Jr., in his individual capacity and his official capacity as Chairman and Chief Executive Officer of the New York State Division of Parole; George B. Alexander, in his individual capacity; Robert Dennison, in his individual capacity; Brion D. Travis, in his individual capacity; and John and Jane Does 1-50, various training, supervisory and policymaking employees of the New York State Department of Correctional Services or the New York Division of Parole, in their individual capacities, Defendants-Appellees. Sean Earley, Plaintiff-Appellant, v. Anthony J. Annucci, in his personal and official capacities as Executive Deputy Commissioner of and counsel to the New York State Department of Correctional Services; Brian Fischer, Commissioner of the New York State Department of Correctional Services, in his official capacity and his unofficial capacity; Richard deSimone, in his individual capacity and his official capacity as Associate Counsel in Charge of the Office of Sentencing Review of the New York State Department of Correctional Services; Lucien J. Leclaire, Jr., in his individual capacity; Glenn S. Goord, in his individual capacity; Henry Lemons, Jr., in his individual capacity and his official capacity as Chairman and Chief Executive Officer of the New York State Division of Parole; George B. Alexander, in his individual capacity; Robert Dennison, in his individual capacity; Brion D. Travis, in his individual capacity; and John and Jane Does 1-50, various training, supervisory and policymaking employees of the New York State Department of Correctional Services or the New York Division of Parole, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 4, 2013.


Attorney(s) appearing for the Case

K. Wade Eaton , Rochester, New York ( Matthew J. Fusco , Jon P. Getz , Gary Muldoon , Rochester, New York, on the brief), for Plaintiffs-Appellants.

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

Before: KEARSE, KATZMANN, and PARKER, Circuit Judges.


KEARSE, Circuit Judge:

Plaintiffs Shawn Michael Vincent and Jimmie Johnson et al., former New York State ("State") prisoners who brought separate actions in the district court and whose appeals have been consolidated in this Court, appeal from a judgment of the United States District Court for the Western District of New York, David G. Larimer, Judge, dismissing Vincent's second amended complaint ("complaint") and Jimmie Johnson's amended complaint ...

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