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KOWALESKI v. LEWIS

No. 6:06-CV-796.

643 F.Supp.2d 259 (2009)

Barbara KOWALESKI, Plaintiff, v. Hazel V. LEWIS, Superintendent, Hale Creek A.S.A.C.T.C.; Robert Fitch, Deputy Superintendent for Security; Michael Rorick, Correction Officer; Herman Brunelle, Sergeant; David Herr, Correction Officer; George Merton, Lieutenant; Jeffrey Nicholls, Correction Officer; Francis O'Connor, Sergeant; Belle Perkins; Correction Officer; and Steven Putman, Correction Officer, Each Individually, and in their Official Capacity, Defendants.

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

August 13, 2009.

Attorney(s) appearing for the Case

Oliver & Oliver, of Counsel, Lewis B. Oliver, Jr., Esq., Albany, NY, for Plaintiff.

Andrew M. Cuomo, Attorney General of the State of New York, Department of Law, of Counsel, Douglas J. Goglia, Esq., Brian J. O'Donnell, Esq., Albany, NY, for Defendants.

MEMORANDUM—DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Barbara Kowaleski ("plaintiff" or "Kowaleski") brings suit pursuant to 42 U.S.C. § 1983, alleging violations of her First Amendment right to free speech, Fourteenth Amendment rights to due process and equal protection, New York Civil Service Law section 75-b, and New York Executive Law section 296. The ten defendants are:<...

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