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BARCLAY v. NEW YORK

No. 9:02-CV-1463.

477 F.Supp.2d 546 (2007)

H. Patrick BARCLAY, Plaintiff, v. State of NEW YORK; T. Ricks; John Roe, Corrections Officer; Mr. Kenny, Corrections Officer; J. Kelly, Hearing Officer; Donald Selsky, Director; John Doe, Sergeant; Zernigil, Sergeant; E. Hall, Corrections Officer; T. Ashlaw, Corrections Officer; J. Berkman, Corrections Officer; T. James, Corrections Officer; Lt. Lavalley, Corrections Officer, Defendants.

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

March 19, 2007.

Attorney(s) appearing for the Case

H. Patrick Barclay, Elmira, NY, pro se.

A.J. Bosman, Esq., Utica, NY, Pro bono trial attorney for plaintiff.

Hon. Andrew M. Cuomo, Attorney General for the State of New York, ED J. Thompson, Esq., Ass't Attorney General, of counsel, Syracuse, NY, for Defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff H. Patrick Barclay ("Barclay" or "plaintiff") filed the complaint in this civil rights action brought pursuant to 42 U.S.C. § 1983 on November 20, 2002. He filed an amended complaint on January 24, 2003. The claims alleged include violations of the First, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, conspiracy...

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