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PERALTA v. VASQUEZ

Docket No. 04-2822-PR.

467 F.3d 98 (2006)

Jose PERALTA, Plaintiff-Appellant, v. Sandra VASQUEZ, Robert A. Jones, Donald Selsky, Defendants-Appellees, Anita R. Florio, Guy James Mangano, Martin H. Brownstein, James Edward Pelzer, Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2006.

Attorney(s) appearing for the Case

Jose Peralta, Pro Se, Gouverneur, N.Y.

Carol Fisher, Assistant Solicitor General for Eliot Spitzer, Attorney General of the State of New York (Michael S. Belohlavek, Senior Counsel, Department of Appeals & Opinions, of counsel), New York, N.Y., for Defendants-Appellees.

Before MINER, CALABRESI, Circuit Judges, HOLWELL, District Judge.

CALABRESI, Circuit Judge.

This appeal presents a new twist on a familiar issue: What requirements must a prisoner meet before he can maintain a claim under 42 U.S.C. § 1983 that challenges sanctions imposed pursuant to a prison disciplinary proceeding? The case law is clear that when a prisoner's challenge either to the process or the result of a prison disciplinary proceeding necessarily implies the invalidity of a...

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