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Judge Koeltl

AMAKER v. COOMBE — On December 10, 2002, a jury trial began on the claims of Anthony Amaker (“Mr. Amaker”) against four officers of the New York State Department of Correctional Services, Corrections Officer (“C.O.”) Sergeant Thomas Woliver (“Sgt. Woliver”), C.O. Michael Rhynders (“C.O. Rhynders”), C.O. Douglas Decker (“C.O. Decker”), and C.O. Barry Cook (“C.O. Cook”). On November 3, 1995, the plaintiff was involved in a struggle at the Greenhaven Correctional Facility (“Greenhaven”) where the plaintiff was incarcerated and where the defendants were employed. At trial, Mr. Amaker alleged Sgt. Woliver, C.O. Rhynders, and C.O. Decker violated 42 U.S.C. §1983 by using excessive force against him in the course of that struggle in violation of his Eighth Amendment rights. Mr. Amaker also claimed that defendants Sgt. Woliver and C.O. Rynders used excessive force in retaliation for inmate grievances that he had filed against them and thus violated his rights under the First Amendment. Finally, the plaintiff alleged that defendant C.O. Cook was liable under 42 U.S.C. §1983 for failing to intervene to protect him, also in violation of the Eighth Amendment. The jury rejected each of the plaintiff’s claims in the verdict returned on December 17, 2002. Judgment was filed dismissing the case on December 19, 2002. The plaintiff, who was represented by counsel at trial, now moves pro se to vacate the judgment pursuant to Rule 60(b)(3) of the Federal Rules of Civil Procedure.

 
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