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HOLMES v. WARD

No. 79 C 481.

566 F.Supp. 863 (1983)

Larry C. HOLMES, Plaintiff, v. Benjamin WARD, as Commissioner of Correction of the City of New York, William Bird, Mr. Long, C.O., Brooklyn House of Detention for Men, and John Doe, Defendants.

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

July 7, 1983.

Attorney(s) appearing for the Case

H. Lake Wise, Elise A. Bloustein, New York City, for plaintiff.

Frederick A.O. Schwarz, Corp. Counsel of the City of New York, New York City (Bradley S. Tupi, New York City, of counsel), for defendants.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff brought this action under 42 U.S.C. § 1983 to redress an alleged deprivation of his interests in personal security protected by the Fourteenth Amendment. To this federal claim he joined negligence claims under New York state law. Defendants move for summary judgment.

On this motion the court accepts the facts stated in plaintiff's affidavit and draws all permissible inferences in his...

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