Smith v. NYS DOCS

SUMMARY ORDER

Plaintiffs-appellants Jimmy Smith and Anthony Palumbo 1 filed a putative class action against the New York State Department of Correctional Services (“DOCS”) and its commissioner, defendant-appellee Brian Fischer, for deliberate indifference to their medical needs as cardiac patients in violation of the Eighth Amendment. 2 The district court (George B. Daniels, Judge) denied class certification and granted summary judgment for Fischer with respect to plaintiffs’ claims that they do not receive a sufficiently heart-healthy diet (“diet claims”). The district court held a bench…