Legal Opinion
O'Bribe v. McGinnis
New York Supreme Court
Decided June 8, 1970PublishedCited by 5 opinions
1Opinion of the CourtJohe T. Casey, J.
Pursuant to section 6-b of the Correction Law the petitioner, an inmate of a State prison, has applied for permission to sue the Commissioner of Correction and the Warden of Clinton Prison for damages caused by their alleged failure to protect him from an assault by a fellow inmate. The petitioner is serving a sentence of imprisonment in Clinton Prison for a term less than for life.
A determination of whether such relief should be granted depends on the interpretation of section 6-b of the Correction Law and section 79 of the Civil Eights Law. Section 6-b, as *171relative to this application,…
2Cases cited7 opinions
- Lawrence William Wright v. Daniel McMann as Warden of Clinton State PrisonCourt of Appeals for the Second Circuit · 1967
- Green v. State of New YorkNew York Court of Appeals · 1938
- In Re the Will of LindewallNew York Court of Appeals · 1942
- White v. StateNew York Court of Claims · 1938
- In re the Estate of CirelloNew York Surrogate's Court · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kelly v. StateAppellate Division of the Supreme Court of the State of New York · 1977
- Johnson v. RockefellerDistrict Court, S.D. New York · 1972
- Essex Ray v. Harry Fritz, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1972
- People ex rel. Henderson v. CassclesNew York Supreme Court · 1971
- Thomas v. GrupposoCivil Court of the City of New York · 1973