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GUTIERREZ v. COUGHLIN

No. CIV-82-1071C.

670 F.Supp. 473 (1987)

Roberto GUTIERREZ, Plaintiff, v. Thomas A. COUGHLIN III, Commissioner, New York State Department of Correctional Services; Harold J. Smith, Superintendent, Attica Correctional Facility; Charles James, Deputy Superintendent, Attica Correctional Facility; and W. Cook, Correctional Officer at Attica Correctional Facility, Defendants.

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

October 2, 1987.

Attorney(s) appearing for the Case

Saperston & Day (Laurence D. Behr, of counsel), Buffalo, N.Y., for plaintiff.

Robert Abrams, Atty. Gen. of the State of N.Y. (David L. Edmunds, Jr., Asst. Atty. Gen., of counsel), Buffalo, N.Y., for defendants.

CURTIN, Chief Judge.

Plaintiff has filed an action under 42 U.S.C. § 1983 alleging a violation of his rights under the eighth and fourteenth amendments of the United States Constitution, as well as the laws of the State of New York, as a result of a stabbing and assault incident which allegedly occurred on September 3, 1982, and his confinement at the Attica Correctional Facility's Special Housing Unit [SHU] beginning September 10, 1982 (Item 17). The parties...

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