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WELCH v. BARTLETT

Docket No. 98-2705.

196 F.3d 389 (1999)

Elbert WELCH, Plaintiff-Appellant, v. George BARTLETT, Superintendent; Ruppert Fennell, Deputy Superintendent; Dana Smith, Deputy Superintendent; T. Ribble, Correction Officer; R. Semski, Sergeant; S. Hager, Correction Officer; Nitnauger, Correction Officer; J. Burge, Captain, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 17, 1999.

Amended: November 8, 1999.

Attorney(s) appearing for the Case

Elbert Welch, pro se, Niagara Falls, NY, for Plaintiff-Appellant.

Martin A. Hotvet, Assistant Attorney General, Albany, NY (Dennis C. Vacco, Attorney General of the State of New York, Albany, NY, Peter H. Schiff, Deputy Solicitor General and Nancy A. Spiegel, Assistant Attorney General, Albany, NY), for Defendants-Appellees.

Before: LEVAL and SACK, Circuit Judges, and MORAN, District Judge.

LEVAL, Circuit Judge:

Elbert Welch appeals from the judgment of the United States District Court for the Western District of New York (William M. Skretny, District Judge), dismissing his complaint alleging that officials from the New York State Department of Correctional Facilities ("DOCS") deprived him of liberty without due process of law. The district court concluded that the deprivation in question, 90 days in solitary confinement, did not amount to an...

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