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CRAWFORD v. CUOMO

No. 14-969.

796 F.3d 252 (2015)

James CRAWFORD and Thaddeus Corley, Plaintiffs-Appellants, v. Andrew CUOMO as Governor of the State of New York, in his official capacity; Brian Fischer, Commissioner of Department of Corrections and Community Supervision, in his official capacity; Superintendent William P. Brown, in his personal and official capacities; Superintendent William Larkin, in his official capacity; Corrections Officer Simon Prindle; and John Doe Corrections Officers 1-8, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 11, 2015.

Attorney(s) appearing for the Case

Adam D. Perlmutter , Law Offices of Adam D. Perlmutter, P.C., New York, N.Y. ( Daniel A. McGuinness , Law Offices of Adam D. Perlmutter, P.C., New York, N.Y.; Zachary Margulis-Ohnuma , Law Office of Zachary Margulis-Ohnuma, New York, N.Y., on the brief), for Plaintiffs-Appellants.

Frank Brady , Assistant Solicitor General of Counsel ( Barbara D. Underwood , Solicitor General, Andrew Ayers , Assistant Solicitor General of Counsel, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, Albany, N.Y., for Defendants-Appellees.

Before: KATZMANN, Chief Judge, WALKER and LYNCH, Circuit Judges.

On March 5, 2014, the district court (Norman A. Mordue, J.) dismissed a complaint filed by Thaddeus Corley, an inmate at the Eastern Correctional Facility ("ECF"), and James Crawford, a former ECF inmate, alleging that Corrections Officer Simon Prindle sexually abused them and, in doing so, subjected them to...

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