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BRAXTON v. CARLSON

No. 72-1491.

483 F.2d 933 (1973)

John BRAXTON, Appellant in No. 72-1491, et al. v. Norman CARLSON, Individually and as Director, Federal Bureau of Prisons, Noah Alldredge, individually and as Warden, Lewisburg, Federal Penitentiary, together with their employees, agents, attorneys and all others acting in concert with them.

United States Court of Appeals, Third Circuit.

Decided August 27, 1973.

Attorney(s) appearing for the Case

David Rudovsky, Kairys & Rudovsky, Philadelphia, Pa., Stanley A. Bass, NAACP Legal Defense Fund, New York City, for appellants.

S. John Cottone, Harry A. Nagle, Scranton, Pa., J. Michael Quinlan, Bureau of Prisons, Dept. of Justice, George S. Kopp, Appellate Section, Crim. Div., Dept. of Justice, Washington, D. C., for appellees.

Before McLAUGHLIN, ROSENN and HUNTER, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal by six prisoners in a federal penitentiary presents to this court for the first time the question of the extent of the procedural hearing rights to which prisoners are constitutionally entitled when they are disciplined. Although we have held prisoners are entitled in certain circumstances to a hearing before being disciplined,1 we have not previously been called upon to...

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