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HOGAN v. FISCHER

Docket No. 12-4246-pr.

738 F.3d 509 (2013)

John HOGAN, Plaintiff-Appellant, v. Brian FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, John Does 1-7, Correction Officers, Jane Does 1-2, Nurses, Defendants, James T. Conway, Superintendent, Paul Chappius, Deputy Superintendent for Security, Edwin Mendez, Sergeant, Craig Balcer, Sergeant, Christopher J. Erhardt, Correction Officer, Gary J. Pritchard, Correction Officer, Kevin J. Gefert, Correction Officer, Nicholas P. Lanni, Correction Officer, Nicholas J. Piechowicz, Correction Officer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 20, 2013.

Attorney(s) appearing for the Case

John Hogan, Marcy, NY, pro se.

Jonathan D. Hitsous , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, and Nancy A. Spiegel , Senior Assistant Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: LYNCH, CHIN, and CARNEY, Circuit Judges.

CHIN, Circuit Judge.

In this pro se prisoner's civil rights case, plaintiff-appellant John Hogan, an inmate at the Attica Correctional Facility ("Attica"), alleges that three masked correction officers ("COs") sprayed him while he was in his cell with an unknown substance, apparently a mixture of fecal matter, vinegar, and machine oil. The United States District Court for the Western District of New York (Telesca, J.) granted defendants-appellees' motion...

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