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MARTINEZ v. OSWALD

No. Civ-1973-580.

425 F.Supp. 112 (1977)

Louis MARTINEZ, Plaintiff, v. Russell G. OSWALD, Commissioner of the Department of Correctional Services at Albany, New York and Ernest L. Montanye, Superintendent of the Attica Correctional Facility at Attica, New York, Defendants.

United States District Court, W. D. New York.

January 10, 1977.

Attorney(s) appearing for the Case

Herman Schwartz and Edward I. Koren, Amherst, N.Y., for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of the State of N.Y., New York City (Douglas S. Cream, Buffalo, N.Y., of counsel), for defendants.

CURTIN, Chief Judge.

In August of 1972, plaintiff was transferred from the Attica Correctional Facility to the Great Meadow Correctional Facility. Plaintiff filed a petition in March of 1973 alleging a violation of 42 U.S.C. § 1983 by correctional officials Oswald and Montanye. The petition complained that the transfer was for punitive reasons, and that plaintiff was not afforded a hearing. In addition, plaintiff...

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