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Nahshon Jackson v. Glenn S. Goord

May 4, 2011

NAHSHON JACKSON,
PLAINTIFF,
v.
GLENN S. GOORD, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

95A2578,

DECISION AND ORDER

INTRODUCTION

Now before the Court is Plaintiff's application for injunctive relief [#38]. For the reasons that follow, the application is denied.

BACKGROUND

Plaintiff, a prison inmate in the custody of the New York State Department of Correctional Services ("DOCS"), is suing pursuant to 42 U.S.C. § 1983, alleging that Defendants violated his federal constitutional rights in connection with his incarceration at Attica Correctional Facility ("Attica") and Upstate Correctional Facility ("Upstate"). Discovery is completed, cross-motions for summary judgment have been briefed, and the Court is preparing to issue a written decision on those motions. For reasons that are connected to the instant application, the Court observes that at deposition, Plaintiff admitted using marijuana while incarcerated, and indicated that marijuana was freely available in prison:

Q. . .. [Y]ou were at Clinton Correctional Facility and you got a new misbehavior report?

A. Correct.

Q. That was for drugs?

A. Well, you say drugs. I say herbs.

Q. Okay. Smoking marijuana?

A. Yes.

Q. How do you guys get the marijuana in the facility? ***

A. It's a situation whereas [sic] people find ways to have other ...


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