UNITED STATES EX REL. LARKINS v. OSWALD

No. 313, Docket 74-1885.

510 F.2d 583 (1975)

UNITED STATES of America ex rel. Tyrone B. LARKINS, Appellee, v. Russell G. OSWALD, Commissioner of Corrections of New York State, et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided January 24, 1975.


Attorney(s) appearing for the Case

Margery Evans Reifler, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellants.

E. Thomas Boyle (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for appellee.

Before WATERMAN, OAKES and GURFEIN, Circuit Judges.


OAKES, Circuit Judge:

This case is a nice example of the wisdom of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), holding that in prison disciplinary proceedings minimal due process requires advance written notice of the charges to the inmate no less than 24 hours before his appearance before the adjustment committee, together with a written statement by the factfinders as to the evidence relied upon and the...

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