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ROBBINS v. DOE

No. 94 CIV 5068(AGS).

994 F.Supp. 214 (1998)

Vincent ROBBINS, Plaintiff, v. (John DOE) New York City Department of Corrections, Thomas A. Coughlin III, Department of Correctional Services, (John Doe) Ulster Correctional Facility, Robert Hanslmaier, Acting Superintendent Woodbourne Correctional Facility Defendants.

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

February 10, 1998.

Attorney(s) appearing for the Case

Lisa M. Schweitzer, Cleary, Gottlieb, Steen & Hamilton, New York City, for Plaintiff.

Frances Sands, Asst. Corp. Counsel, City of New York, New York City, Diane Kerr McCullough, Asst. Atty. Gen., State of New York, New York City, for Defendants.

MEMORANDUM ORDER

SCHWARTZ, District Judge.

Before the Court are defendants' motions to dismiss the complaint and, in the alternative, for summary judgment. For the reasons stated, these motions are denied.

BACKGROUND

The essential facts are not in dispute. Plaintiff Vincent Robbins was convicted in March 1991 of Assault in the First Degree and Attempted Robbery in the First Degree. In April 1991, he was sentenced to a term of 5 to...

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