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ABASCAL v. FLECKENSTEIN

Docket No. 14-1591-cv.

820 F.3d 561 (2016)

Isidro ABASCAL, Plaintiff-Appellee, v. Dennis FLECKENSTEIN and Chester Kosmowski, Defendants-Appellants, William Kump, James T. Conway, Thomas G. Eagen, Defendants.

United States Court of Appeals, Second Circuit.

Decided: April 29, 2016.

Attorney(s) appearing for the Case

Martin A. Hotvet , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, and Frederick A. Brodie , Assistant Solicitor General, on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, Albany, NY, for Defendants-Appellants Dennis Fleckenstein and Chester Kosmowski.

Jeffrey F. Baase , Rupp Baase Pfalzgraf Cunningham LLC, Buffalo, NY, for Plaintiff-Appellee Isidro Abascal.

Before POOLER, HALL, and CARNEY, Circuit Judges.

I. BACKGROUND

Plaintiff-Appellee Isidro Abascal was an inmate with the New York State Department of Corrections and Community Supervision from April 1997 to September 2005. In November 2003, the Department of Corrections transferred Abascal to the Attica Correctional Facility in upstate New York. While at Attica, Abascal...

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