Legal Opinion

Mathie v. Fries

District Court, E.D. New York

Decided August 5, 1996No. CV 91-0176(ADS)PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SPATT, District Judge.

The issues in this case concern a charge by an inmate at the Suffolk County Correctional Facility of sexual abuse by the Director of Security at the Facility. The complaint sets forth three causes of action. The first cause of action is brought under 42 U.S.C. § 1983 and alleges violations of the plaintiffs constitutional rights. The second cause of action is a state law claim for assault and battery. The final cause is based on a state law claim of intentional infliction of emotional distress.

I. THE TRIAD-FINDINGS OF FACT

Prior to the events at issue…

2Cases cited60 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. Graham v. ConnorSupreme Court of the United States · 1989
  5. Anderson v. CreightonSupreme Court of the United States · 1987

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3Cited by16 opinions

  1. Douglas W. Schwenk v. James Hartford Steve Sinclair Robert Mitchell,opinionCourt of Appeals for the Ninth Circuit · 2000
  2. Mathie v. FriesCourt of Appeals for the Second Circuit · 1997
  3. Giron v. Corrections Corp. of AmericaCourt of Appeals for the Tenth Circuit · 1999
  4. Sulkowska v. City of New YorkDistrict Court, S.D. New York · 2001
  5. Broome v. BiondiDistrict Court, S.D. New York · 1997

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