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HAMILTON v. WESTCHESTER COUNTY

Docket No. 20-1058-pr August Term 2020.

3 F.4th 86 (2021)

Davonte HAMILTON, Plaintiff-Appellant, v. WESTCHESTER COUNTY, Raul Ulloa, Medical Director, Joseph K. Spano, Westchester County Department of Corrections Commissioner, Francis Delgrosso, Assistant Warden, Karl Vollmer, Assistant Warden, Leandro Diaz, Acting Deputy Commissioner, Correct Care Solutions, LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 30, 2021.

Attorney(s) appearing for the Case

Tamara Livshiz , Wachtell, Lipton, Rosen & Katz, New York, New York ( Samuel Weiss and Kelly Jo Popkin , Rights Behind Bars, Washington, D.C., and Brooklyn, New York, on the brief), for Plaintiff-Appellant.

Justin R. Adin , Deputy County Attorney, for John M. Nonna , Westchester County Attorney, White Plains, New York, for Defendants-Appellees Westchester County, Joseph K. Spano, Francis Delgrosso, Karl Vollmer, and Leandro Diaz.

Paul A. Sanders , Barclay Damon LLP, Rochester, New York, for Defendants-Appellees Correct Care Solutions, LLC, Raul Ulloa, and Westchester County.

Before: Calabresi, Raggi, and Chin, Circuit Judges.

In 2018, while incarcerated at the Westchester County Jail (the "Jail"), plaintiff-appellant Davonte Hamilton dislocated his knee and tore his meniscus when he stepped on crumbled concrete in the recreational yard. Proceeding pro se, Hamilton filed suit in the Southern District of New York, bringing claims under 42 U...

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