Spitz v. CoughLin

OPINION OF THE COURT

Mahoney, P. J.

On December 3, 1982, while petitioner was employed as a correction officer at Coxsackie Correctional Facility, he opened the door of the cell in which inmate Calvin V. Jenkins was confined, thereby allowing Correction Officers Michael Cataldo and Richard Vadney to physically assault Jenkins. Thereafter, Jenkins commenced a 42 USC § 1983 action in Federal District Court against petitioner along with other employees of the Department of Correctional Services, alleging that his constitutional rights had been violated.

After he was served with process, petitioner…