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MURPHY v. WEST

No. 04-CV-6615L.

533 F.Supp.2d 312 (2008)

Thomas MURPHY, Plaintiff, v. Calvin WEST, as Superintendent of the Elmira Correctional Facility of "the NYS Dept. of Correctional Services; John Does 1-10, as Correction Officers of the NYS Dept. of Correctional Services at the Elmira Correctional Facility, Defendants.

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

February 6, 2008.

Attorney(s) appearing for the Case

Paul E. Kerson, Leavitt, Kerson & Duane, New York City, for Plaintiff.

J. Richard Benitez, NYS Attorney General's Office, Rochester, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Thomas Murphy, an inmate in the custody of the. New York State Department of Correctional Services ("DOCS"), commenced this action under 42 U.S.C. § 1983. Plaintiff, who is represented by counsel, alleges that he was assaulted by several correctional officers at Elmira Correctional Facility ("Elmira") on January 21, 2004. The complaint named as defendants DOCS Commissioner Glenn...

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