TOMARKIN v. WARD

No. 78 Civ. 2466 (CHT).

534 F.Supp. 1224 (1982)

Robert TOMARKIN, Plaintiff, v. Benjamin WARD, in his Official Capacity as Commissioner of Corrections, State of New York, Walter Fogg, Individually and in his Official Capacity as Superintendent, Green Haven Correctional Facility, "John" Smith, Individually and in his Official Capacity as Superintendent, Attica Correctional Facility, Vito Tennullo, Individually and in his Official Capacity as Superintendent, Fishkill Correctional Facility, "John" Dalsheim, Individually and in his Official Capacity as Superintendent, Ossining Correctional Facility, St. Francis Hospital; James R. MacMillian, Lt. "John" Tanner, Capt. Hyman Sperbeck, Sgt. "John" Hughes, "John" Albritton, "John" LaPierre, "John" Spano, Van Johnson, all individually and in their respective capacities as employees of the New York State Department of Corrections; Dr. Benjamin Dyett, Dr. "John" Rigney, individually and in their respective capacities as agents of New York State Department of Corrections, Defendants.

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

March 11, 1982.


Attorney(s) appearing for the Case

Conrad J. Lynn, New York City, for plaintiff.

Sutera, Siracuse & Sutera, P. C., New York City, for defendant St. Francis Hospital; Kenneth M. Dalton, New York City, of counsel.

Robert Abrams, Atty. Gen. of State of N. Y., New York City, for State defendants; Paul E. Milbauer, Asst. Atty. Gen., New York City, of counsel.


OPINION

TENNEY, District Judge.

Plaintiff Robert Tomarkin seeks monetary and declaratory relief from various officials and employees of the New York State Department of Correctional Services, and from St. Francis Hospital ("the Hospital"), a private institution, for injuries he allegedly sustained while incarcerated at various state correctional facilities. Tomarkin brought this action pursuant to 42 U.S.C. § 1983, alleging violations of his rights...

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