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United States Second Circuit


Spavone v. N.Y. State Department of Correctional Services, 11-617

The district court improperly denied the individual defendants' motion for summary judgment in action for money damages pursuant to 42 U.S.C. section 1983, based on alleged violations of plaintiff's Equal Protection and Eighth Amendment right, where: 1) the facts shown by plaintiff do not support a finding that a reasonable public official would have known that the conduct challenged here violated clearly established rights; and therefore 2) the individual defendants are entitled to qualified immunity as a matter of law.

Appellate Information

  • Decided 06/20/2013
  • Published 06/20/2013

Judges

  • LIVINGSTON

Court

  • United States Second Circuit

Counsel

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