United States Second Circuit

Various claims of prison misconduct do not establish the existence of a policy existing throughout the New York State Dep't of Correctional Services (DOCS), or within a DOCS facility, such that manageable discovery or a reasonable trial could be held. The assertion that the appointment of a special master is obvious, pursuant to the Prison Litigation Reform Act, does not meet the strictures of the PLRA.

Appellate Information

• Decided 08/13/2003
• Published 08/13/2003

Judges

• POOLER, Circuit Judge., Before:  POOLER, SACK, and B.D. PARKER, JR., Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Paul E. Kerson,John F. Duane (of counsel), Koppell, Leavitt, Kerson, Leffler & Duane, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• David Lawrence III, Assistant Solicitor General, Eliot Spitzer, Attorney General of the State of New York, and Michael Belohlavek, Deputy Solicitor General (of counsel), New York, NY, for Defendants-Appellees.