United States Second Circuit
DEVILLA v. SCHRIVER, 00-177
In civil rights action involving wrongful disclosure of prisoner's HIV-status, a jury verdict in favor of defendant cannot preclude judgment on prisoner's Eighth Amendment claim where qualfied immunity defense was available for the former claim.
Appellate Information
- Argued 03/09/2001
- Decided 04/06/2001
- Published 04/06/2001
Judges
- CALABRESI, Circuit Judge:, Before JACOBS and CALABRESI, Circuit Judges, and ARTERTON, District Judge.
Court
- United States Second Circuit
Counsel
- For Appellant:
- James Ostrowski, Buffalo, N.Y. (Salvatore P. Abbate, on the brief), for Plaintiff-Appellant.
- For Appellees:
- Victor Paladino for Eliot Spitzer, Attorney General for the State of New York, Albany, N.Y. (Nancy A. Spiegel and Daniel Smirlock, on the brief) for Defendants-Appellees.