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COLON v. MACK

No. 93 CIV. 2674(KTD).

983 F.Supp. 496 (1997)

Jose COLON, Plaintiff, v. Correction Officer D. MACK, et al., Defendants.

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

September 5, 1997.

Attorney(s) appearing for the Case

Loren I. Glassman, White Plains, NY, for plaintiff.

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

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge.

On April 23, 1993, Plaintiff filed a complaint, pursuant to 42 U.S.C. §§ 1983, 1988, alleging that five correction officers1 "acted with malice in battering the Plaintiff" while he was an inmate at New York's Green Haven Correctional Facility. As a consequence of the battery, Plaintiff alleged that he "suffered a concussion, numerous bruises and permanent...

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