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ARCE v. O'CONNELL

No. 02 Civ. 1709(RWS).

427 F.Supp.2d 435 (2006)

George ARCE, Plaintiff, v. James O'CONNELL, Joseph J. Costello, Roseann Mahoney, David Napoli, Skip Hughes, Dwight Hunt, Edward R. Donnelly and M. Kearney, Defendants.

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

April 13, 2006.

Attorney(s) appearing for the Case

Katten Muchin Rosenman, New York City (Joanna M. Bernard, Julie Pechersky, of Counsel), for Plaintiff.

Eliot Spitzer, Attorney General of the State of New York, New York City (Lisa Fleischmann, Julia Lee, Assistant Attorneys General, of Counsel), for Defendants.

OPINION

SWEET, District Judge.

Defendants James O'Connell, Joseph J. Costello, Roseann Mahoney, David Napoli, Skip Hughes, Dwight Hunt, Edward R. Donnelly, and M. Kearney (collectively, "Defendants"), all employees of the New York Department of Correctional Services ("DOCS"), have moved for summary judgment pursuant to Rule 56, Fed.R.Civ.P., against inmate plaintiff George Arce ("Arce" or "Plaintiff'). For the reasons set forth below, Defendants'...

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