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MORELLO v. JAMES

Nos. CIV-85-1430T, CIV-85-1454T.

627 F.Supp. 1571 (1986)

Vincent MORELLO, Plaintiff, v. Charles JAMES, Superintendent of the Collins Correctional Facility, Corrections Officer J. Nowakawski, and Thomas Coughlin, III, Commissioner of the New York State Department of Correctional Services, Defendants. Vincent MORELLO, Plaintiff, v. Harold J. SMITH, Superintendent of the Attica Correctional Facility, Commissioner Thomas Coughlin, III, and Unknown Correctional Officers, Defendants.

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

February 19, 1986.

Attorney(s) appearing for the Case

Vincent Morello, pro se.

Robert Abrams, Atty. Gen. of State of N.Y., Albany, N.Y. (Charles D. Steinman, Asst. Atty. Gen., Rochester, N.Y., of counsel), for defendants.

DECISION AND ORDER

TELESCA, District Judge.

These two civil rights actions present a question of recurring concern for federal district courts: Does the doctrine of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), bar a federal civil rights action for the theft or destruction of a prisoner's legal materials by correctional officers when the State provides an adequate post-deprivation remedy?<...

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