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HURLEY v. WARD

No. 77 Civ. 3847.

451 F.Supp. 930 (1978)

Michael X. HURLEY, Plaintiff, v. Benjamin J. WARD, Commissioner of the Department of Correctional Services, and Joseph Keenan, Director of Special Housing Units (Punitive Segregation), Individually and in their official capacities, Defendants.

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

June 9, 1978.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, Inc., Albany, N. Y., for plaintiff; Lanny E. Walter, Claudia Angelos, and Daniel J. Steinbock, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants; Paul E. Dahlman, Deputy Asst. Atty. Gen., New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

The defendants move for partial summary judgment on the issue of their liability for damages to plaintiff on the grounds that they are protected by a qualified immunity from damage claims brought under 42 U.S.C. § 1983. The motion relates only to plaintiff's damage claims with regard to searches of plaintiff's anal and genital areas, which practice has been enjoined pendente lite absent probable cause...

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