Legal Opinion

Hynes v. LaBoy

District Court, S.D. New York

Decided May 30, 1995No. 91 Civ. 8625 (RWS)PublishedCited by 10 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Both the plaintiff Christopher Hynes (“Hynes”), an inmate in the state correctional facilities, and the defendants Michael Cobb (“Cobb”) and James Shope (“Shope”), state corrections officers, have moved under Rules 50(b) and 59(a) for judgment as a matter of law, or in the alternative, for a new trial. For the reasons set forth below, both motions are denied.

Prior Proceedings

This action was commenced by Hynes on December 24, 1991 under 42 U.S.C. § 1983 against seven corrections officers. Hynes sought damages for two incidents of excessive use of force against him…

2Cases cited48 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Hudson v. McMillianSupreme Court of the United States · 1992
  3. Whitley v. AlbersSupreme Court of the United States · 1986
  4. Smith v. WadeSupreme Court of the United States · 1983
  5. Johnson v. GlickCourt of Appeals for the Second Circuit · 1973

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3Cited by10 opinions

  1. OKRAYAENTS v. Metropolitan Transportation AuthorityDistrict Court, S.D. New York · 2008
  2. Marcoux v. Farm Service and Supplies, Inc.District Court, S.D. New York · 2003
  3. Lewis v. City of Albany Police DepartmentDistrict Court, N.D. New York · 2008
  4. Richardson v. CoughlinDistrict Court, W.D. New York · 2000
  5. In Re Fosamax Products Liability LitigationDistrict Court, S.D. New York · 2010

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