Dubose v. Pierce

This matter has come before us again, following a remand from the United States Supreme Court. See Dubose v. Pierce, — U.S. -, 108 S.Ct. 2890, 101 L.Ed.2d 924 (1988). The Supreme Court vacated our earlier decision, see Dubose v. Pierce, 761 F.2d 913 (2d Cir.1985), and remanded the case to us for reconsideration in light of the Court’s recent decision in Pierce v. Underwood, — U.S. -, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988). See — U.S. -, 108 S.Ct. at 2890.

The facts and procedural history of this case are laid out in detail in our earlier opinion, see 761 F.2d at 915-17, and we will not repeat…