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SEALEY v. GILTNER

Docket No. 98-2311.

197 F.3d 578 (1999)

Emmeth SEALEY, Plaintiff-Appellant, v. T.H. GILTNER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 6, 1999.

Attorney(s) appearing for the Case

Lisa A. Peebles, Foody & Peebles, Central Square, N.Y., for plaintiff-appellant.

Martin A. Hotvet, Asst. Atty. Gen., Albany, N.Y. (Eliot Spitzer, N.Y. State Atty Gen., Peter H. Schiff, Deputy Solicitor Gen., Nancy A. Spiegel, Asst. Atty. Gen., Albany, N.Y., on the brief), for defendant-appellee.

Before: NEWMAN, CARDAMONE, and JACOBS, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The issue on this appeal is whether placement of a prison inmate in administrative segregation in a Special Housing Unit (SHU) at the Auburn (N.Y.) Correctional Facility ("Auburn") for an aggregate interval that reached 101 days impairs a liberty interest for which procedural due process must be provided. The appeal also illustrates problems that can arise when liberty interest issues are litigated in a jury trial. Emmeth Sealey appeals...

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