Rivera v. Fischer

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Robert Rivera, appearing pro se, commenced this action pursuant to 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services (“DOCS”), has sued seven DOCS officials and employees, alleging that defendants violated plaintiffs constitutional rights in a number of respects during 2008, while plaintiff was confined at Attica Correctional Facility.

Three of the defendants — DOCS Commissioner Brian Fischer, Deputy Commissioner Lucien Leclaire, Jr., and Attica Superintendent James…