Legal Opinion
Josef Fischl v. David Armitage, Corrections Sergeant, and S.A. Marshall, Corrections Officer, in Their Individual Capacities
Court of Appeals for the Second Circuit
Decided October 9, 1997No. 1631; Docket 96-2852PublishedCited by 269 opinions
1Opinion of the Court
KEARSEj Circuit Judge:
Plaintiff Josef Fischl, formerly an inmate in New York State’s Clinton Correctional Facility (“Clinton”), appeals from a final judgment of the United States District Court for the Northern District of New York, Daniel Scanlon, Jr., Magistrate Judge, dismissing his complaint, brought under 42 U.S.C. § 1983 (1994), alleging that defendants David Armitage and S.A. Marshall, correctional officers at Clinton, violated Fischl’s right under the Eighth Amendment to the Constitution by causing or allowing other inmates to enter his prison cell and assault him. The magistrate…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Farmer v. BrennanSupreme Court of the United States · 1994
- Whitley v. AlbersSupreme Court of the United States · 1986
- Bourjaily v. United StatesSupreme Court of the United States · 1987
- Huey B. Wright v. Harold Smith and Thomas A. Coughlin, IIICourt of Appeals for the Second Circuit · 1994
8 more not listed; retrieve them via the Exa API.
3Cited by269 opinions
- Jeffreys v. City of New YorkCourt of Appeals for the Second Circuit · 2005
- Jeffreys v. The City of New YorkCourt of Appeals for the Second Circuit · 2005
- Mcclellan v. SmithCourt of Appeals for the Second Circuit · 2006
- McClellan v. SmithCourt of Appeals for the Second Circuit · 2006
- Curry v. City Of SyracuseCourt of Appeals for the Second Circuit · 2003
264 more not listed; retrieve them via the Exa API.