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CRUZ v. ROOT

No. 90-CV-1242L.

932 F.Supp. 66 (1996)

Eric CRUZ, Plaintiff, v. Sergeant ROOT, Victor Ducot, Correction Officer and Kerry Hurter, Correction Officer, Defendants.

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

July 9, 1996.

Attorney(s) appearing for the Case

Michael Wolford, Michael R. Wolford & Associates, Rochester, NY, Judy A. Toyer, Rochester, NY, for plaintiff.

Charles D. Steinman, Emil J. Bove, Office of New York State Attorney General, Rochester, NY, for defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

Plaintiff Eric Cruz ("Cruz") contends that on August 4, 1990, while he was an inmate at Elmira Correctional Facility, he was beaten by corrections officers in violation of his Eighth Amendment rights. In September 1990, Cruz filed suit against the state in the New York Court of Claims. Shortly thereafter, he commenced this action in federal court pursuant to 42 U.S.C. § 1983. In...

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