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ANDERSON v. SULLIVAN

No. 88 Civ. 1420 (RWS).

702 F.Supp. 424 (1988)

Marvin ANDERSON, Plaintiff, v. James E. SULLIVAN, Superintendent, G. Kearns, Corr. Sgt.; M. Holmes, Corr. Officer, Defendants.

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

December 2, 1988.

Attorney(s) appearing for the Case

Marvin Anderson, Dannemora, N.Y., pro se.

Robert Abrams, Atty. Gen., of the State of New York, New York City (Darren O'Connor, Asst. Atty. Gen., of counsel), for defendants.

OPINION

SWEET, District Judge.

Defendants James E. Sullivan ("Sullivan"), Gregory Kerns ("Kerns"), and Millord Holmes ("Holmes") have moved for summary judgment, Fed.R.Civ.P. 56, to dismiss the complaint of Marvin Anderson ("Anderson"), which alleges an unconstitutional use of force and deprivation of due process in violation of 42 U.S.C. § 1983. Upon the following facts and conclusions, the motion is granted and the complaint dismissed.

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