FRANCIS v. FIACCO

No. 18-1011-cv August Term 2018.

942 F.3d 126 (2019)

Byran FRANCIS, Plaintiff-Appellee, v. Kimberly FIACCO, aka Kimberly Davidson, Richard De Simone, Diane Holford, and Kristina Lennon, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 12, 2019.


Attorney(s) appearing for the Case

For Plaintiff-Appellee: Brian M. Quinn , Tabner, Ryan & Keniry, LLP, Albany, NY, for Byran Francis.

For Defendants-Appellants: Laura Etlinger , Assistant Solicitor General ( Andrea Oser , Deputy Solicitor General, on the brief), for Barbara D. Underwood , Attorney General of the State of New York, Albany, NY, for Kimberly Fiacco, Richard de Simone, Diane Holford, and Kristina Lennon.

Before: Jacobs, Livingston, and Carney, Circuit Judges.


This case concerns the liability of state prison officials attempting to implement a prisoner's state sentence in relation to a subsequently imposed federal sentence on another charge. In 2006, Byran Francis pleaded guilty to two separate charges in two separate jurisdictions: a drug charge in New York state...

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