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SMART v. ARNONE

No. 01-CV-6298L.

315 F.Supp.2d 292 (2004)

Deshawn SMART, Plaintiff, v. K. ARNONE, Attica Correctional Facility, et al., Defendants.

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

March 30, 2004.

Attorney(s) appearing for the Case

Deshawn Smart, Auburn, NY, pro se.

Gary M. Levine, New York State Office of the Attorney General, Rochester, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, Deshawn Smart, an inmate in the custody of the New York State Department of Correctional Services ("DOCS"), commenced this action pro se under 42 U.S.C. § 1983 on April 23, 2001, against DOCS employees asserting Eighth Amendment excessive force and failure to intervene claims. In his complaint, plaintiff alleges that defendant D. Whelan sexually assaulted him on September 1, 1998 at...

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