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STARMEL v. TOMPKIN

9:20-CV-00089 (MAD/DJS).

634 F.Supp.3d 41 (2022)

Kendu P. STARMEL, Plaintiff, v. Sgt. TOMPKIN, Terry James, Corrections Officer, and Benjamin Locklin, Corrections Officer, Defendants.

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

Signed October 11, 2022.

Attorney(s) appearing for the Case

EDWARD SIVIN, ESQ., GLENN D. MILLER, ESQ., CLYDE RASTETTER, ESQ., DAVID ROCHE, ESQ., SIVIN, MILLER & ROCHE LLP, 20 Vesey Street, Suite 1400, New York, New York 10007, Attorneys for Plaintiff.

STACEY A. HAMILTON, AAG, MATTHEW GALLAGHER, AAG, NEW YORK STATE ATTORNEY GENERAL, The Capitol, Albany, New York 12224, Attorneys for Defendants.

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

On January 27, 2020, Plaintiff Kendu P. Starmel commenced this action pursuant to 42 U.S.C. § 1983 ("Section 1983"), alleging violations of his Eighth and Fourteenth Amendment rights while he was incarcerated at Clinton Correctional...

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