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SMITH v. COUGHLIN

No. 83 Civ. 5160 (DNE).

577 F.Supp. 1055 (1983)

Lemuel SMITH, Plaintiff, v. Thomas A. COUGHLIN, III, Commissioner of the New York State Department of Correctional Services, and Charles J. Scully, Superintendent of Green Haven Correctional Facility individually and in their official capacities, Defendants.

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

January 6, 1983.

Attorney(s) appearing for the Case

Mark Gombiner, Robert Gombiner and William Kunstler, New York City, for plaintiff.

Atty. Gen., Robert Abrams, New York City, for defendants; Tarquin Bromley and Richard Howard, Asst. Attys. Gen., New York City, of counsel.

MEMORANDUM OPINION AND ORDER

EDELSTEIN, District Judge:

The plaintiff, Lemuel Smith, was convicted of murdering a prison guard while serving a life sentence for murder. Plaintiff was sentenced to death, and, immediately following the sentence, was moved from the general prison population to a unit for condemned persons ("UCP") at the Green Haven Correctional Facility to await execution. Plaintiff has appealed his conviction to the New York Court of Appeals...

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