Hogan v. Fischer

CHIN, Circuit Judge:

In this pro se prisoner’s civil rights case, plaintiff-appellant John Hogan, an inmate at the Attica Correctional Facility (“Attica”), alleges that three masked correction officers (“COs”) sprayed him while he was in his cell with an unknown substance, apparently a mixture of fecal matter, vinegar, and machine oil. The United States District Court for the Western District of New York (Telesca, /.) granted defendants-appellees’ motion to dismiss for failure to state a claim, pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(c). Although defense counsel had not…