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LIPINSKI v. SKINNER

No. 88-CV-601.

700 F.Supp. 637 (1988)

David LIPINSKI, Plaintiff, v. John M. SKINNER, Frederick J. Cabbell, Jr., Richard J. Kadien, James F. Carter, and John Does 1-10, individually and in their official capacities, Dr. S. Keith Kennedy, individually and in his official capacity, Police Superintendent Thomas Constantine, individually and in his official capacity, the New York State Police, John Campbell, Gerald Brundage, Robert Martone, and John Does 11-20, individually and in their official capacities, Sheriff Anthony C. Ruffo, individually and in his official capacity, the Broome County Jail and Broome County, Defendants.

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

December 9, 1988.

Attorney(s) appearing for the Case

Wiggins & Masson, Ithaca, N.Y. (Robin Abrahamson Masson, of counsel), G. Elaine Wood, Paul Young, New York City, for plaintiff.

Nan D. Hunter, Judith Levin, William Rubenstein, New York City, for plaintiff American Civ. Liberties Union Foundation.

John E. Murray, Broome County Atty., Binghamton, N.Y. (Alfred Paniccia, Jr., Chief Asst. County Atty., of counsel), for defendants Broome County, Campbell, Brundage, Martone and Ruffo.

Robert Abrams, Atty. Gen., State of N.Y. (David B. Roberts, Asst. Atty. Gen., of counsel), for defendants Skinner, Cabbell, Kadien, Carter and Kennedy.

MEMORANDUM-DECISION AND ORDER

MUNSON, District Judge.

On November 4, 1988 plaintiff, David Lipinski, sought permission from this court for leave to file a late notice of claim as to the pendent state claims involved in this action.1 As to these pendent state claims, this court is bound to apply state substantive law. See United Mine Workers v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 1139...

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