United States Second Circuit

In a civil rights action brought by pro se prisoner plaintiffs against a correction facility, the district court's denial of preliminary injunction and sua sponte dismissal of the claims is vacated where the court erred by failing to give the parties adequate notice. (Corrected opinion)

Appellate Information

• Decided 10/15/2003
• Published 10/15/2003

Judges

• WESLEY, Circuit Judge., Before:  VAN GRAAFEILAND, CALABRESI, WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• J. Andrew Kent, New York, NY, for Plaintiffs-Appellants., Richard S. Mezan, for Foundation for the Defense of Democracies, Amicus Curiae.


• For Appellees:
  
• Sachin S. Pandya, Assistant Solicitor General for Eliot Spitzer, Attorney General of New York, (Michael S. Belohlavek, Deputy Solicitor General, on the brief), New York, NY, for Defendants-Appellees.