FRANCIS v. COUGHLIN

No. 1262, Docket 89-2074.

891 F.2d 43 (1989)

Albert FRANCIS, Jr., Plaintiff-Appellee, v. Thomas A. COUGHLIN, III, Commissioner, Department of Correctional Services; Charles J. Scully, Superintendent, Green Haven Correctional Facility; Capt. Ronald E. Miles, Green Haven Correctional Facility; Lt. Charles Greiner; Sgt. B.J. Farrell; Ronald Leight, Richard W. Prouty, Frank Arizmendi, Correctional Officers; Harold J. Smith, Superintendent, Attica Correctional Facility; and Charles Hernandez, all of New York State Department of Correctional Services, Jointly, Severally & Individually, Respectively, Defendants, Appeal of Charles GREINER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 4, 1989.


Attorney(s) appearing for the Case

William R. Maguire, New York City (Hughes Hubbard & Reed, New York City, of counsel), for plaintiff-appellee.

Charles R. Fraser, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. State of New York, Jan P. Ryan, Asst. Atty. Gen., New York City, of counsel), for defendant-appellant.

Before MESKILL, PIERCE, and MAHONEY, Circuit Judges.


PIERCE, Circuit Judge:

This appeal involves the rights of an inmate during the course of a prison disciplinary hearing. We must determine whether, in July 1982, an inmate charged with violating regulations in a New York State prison enjoyed a clearly established constitutional right (1) to a hearing before a hearing officer who had not prejudged his guilt; (2) to be informed about and to comment on the evidence against him; and (3) to be present during the testimony...

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