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Hernandez v. Coffey, No. 06-4246

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By FindLaw Staff on September 21, 2009 5:22 PM

In a 42 U.S.C. section 1983 action by a prisoner alleging that he was beaten by defendant corrections officers and denied medical treatment by defendant nurse, dismissal of the action is vacated where the district court erred in converting defendants' motion for judgment on the pleadings under Fed. R. Civ. P. 12(c) to a motion for summary judgment and dismissing his case without first explaining the procedural requirements for responding to such a motion and the potential consequences of the motion, and without providing him an opportunity to take discovery and to submit evidence to respond to the motion.

Read Hernandez v. Coffey, No. 06-4246

Appellate Information

Argued: April 8, 2009

Decided: September 21, 2009

Judges

Opinion by Judge Leval

Counsel

For Appellant:

Linda Epstein, Hughes Hubbard & Reed LLP, New York, NY

Vilia B. Hayes, Hughes Hubbard & Reed LLP, New York, NY

For Appellees:

Richard O. Jackson, Assistant Solicitor General, New York, NY

Benjamin N. Gutman, Deputy Solicitor General, New York, NY

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