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SCOTT v. COUGHLIN

No. 90 Civ. 494 (RJW).

944 F.Supp. 266 (1996)

Harold SCOTT, Plaintiff, v. Thomas A. COUGHLIN, III, Commissioner, Department of Correctional Services; Charles J. Scully, Superintendent, Green Haven Correctional Facility; R. Seitz, Deputy Superintendent; C.R. Winch, First Deputy Superintendent; J. Tanner, Correctional Captain; S. Albury, Correctional Sergeant; J.A. Wilcox, Correctional Officer; Gordon LaBonte, Correctional Officer; K. Erickson, Correctional Officer; J.R. Novak, Correctional Officer; N.K. Howe, N.Y.S. Police Investigator; and Donald Selsky, Director, Department of Correctional Services Special Housing/Inmate Disciplinary Program, Defendants.

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

October 23, 1996.

Attorney(s) appearing for the Case

Michael W. Martin, New York City, for Plaintiff.

Attorney General of the State of New York, New York City (Dennis C. Vacco, Attorney General, Vincent Leong, of counsel), for Defendants.

OPINION

ROBERT J. WARD, District Judge.

Defendants Thomas A. Coughlin, III, Charles J. Scully, Robert Seitz, Charles R. Winch, Joseph Tanner, Stephen Albury, Gordon LaBonte, John R. Novak and Nelson K. Howe ("defendants") have moved for an order pursuant to Rule 56(b), Fed.R.Civ.P., granting summary judgment on the grounds that there are no material facts in dispute and that defendants are entitled to judgment as a matter of law. Additionally, defendants...

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