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Plaintiff-appellant Mashama Hill appeals pro se from a March 20, 2008 order (the "Order") dismissing his complaint as against the defendants-appellees Christopher Aikin (named in the complaint as Chris Atkins) and James E. Hohensee, M.D. (named in the complaint as James Hohensee) for failure to state a claim. Pleaded in the complaint against Hohensee and Aikin, medical care providers at the Niagara County Jail (the "Jail"), were claims for deliberate indifference to Hill's medical needs during his incarceration at the Jail. Hill also appeals from a March 24, 2010 judgment (the "Judgment") dismissing his claims against the remaining defendants-appellees, Paul Curcione, Jeff Chawer, and Sergeant Tammy Williams, Corrections Officers at the Jail. These claims included allegations of excessive force on the part of the named Corrections Officers during Hill's confinement at the Jail. Both the Order and the Judgment were entered in the United States District Court for the Western District of New York (Skretny, J.), each supported by a Report and Recommendation by Magistrate Judge Hugh B. Scott. For the reasons that follow, we affirm the Order dismissing the claims against Hohensee and Aikin and affirm the summary judgment dismissing the claim against Williams. We vacate and remand the summary judgment insofar as it dismisses the claims against Curcione and Chawer.


657 F.3d 116 (2011)

Mashama HILL, Plaintiff-Appellant, v. Paul CURCIONE, Jeff Chawer, Tammy Williams, Chris Atkins, James Hohensee, Defendants-Appellees.

Docket No. 10-1320-cv.

United States Court of Appeals, Second Circuit.

Submitted: 5/19/11

Decided: 9/15/11

New York Law School location: Box #156, File #4047