HEMPHILL v. NEW YORK

No. 98CIV.6714 (CM)(LMS).

198 F.Supp.2d 546 (2002)

John HEMPHILL, Plaintiff, v. State of NEW YORK, Jerry W. Surber, William E. Kelly, Daniel J. Gunderman, Carola Straley, Matthew C. Miller, Thomas W. Boss, William F. Keyser, and R.J. Williams, Defendants.

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

April 19, 2002.


Attorney(s) appearing for the Case

John Hemphill, Stormville, NY, Pro se.

Kimberly Ann Dasse, Asst. Atty. Gen., New York City, for Defendants.


DECISION AND ORDER DISMISSING COMPLAINT

MCMAHON, District Judge.

John Hemphill, plaintiff pro se, brought this action to redress alleged violations of his Constitutional rights resulting from a beat down while incarcerated at Green Haven Correctional Facility. Summary judgment motions made by defendants were granted in part and denied in part. On the eve of trial on Hemphill's one remaining claim—an Eighth Amendment Claim for alleged use of excessive...

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