KLOS v. HASKELL

No. 684, Docket 93-2666.

48 F.3d 81 (1995)

Thomas John KLOS, Plaintiff-Appellant, v. Thomas HASKELL, Superintendent, Monterey Shock Incarceration Correctional Facility, Cheryl Clark, Director of Shock Development, New York State Department of Correctional Services, Philip Coombe, Jr., First Deputy Commissioner, New York State Department of Correctional Services, and Thomas Coughlin, Commissioner, New York State Department of Correctional Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 10, 1995.


Attorney(s) appearing for the Case

Paola M.G. De Kock, New York City (Mitchell A. Lowenthal, Cleary, Gottlieb, Steen & Hamilton, of counsel), for plaintiff-appellant.

Troy J. Oechsner, Asst. Atty. Gen., Albany, NY (G. Oliver Koppell, Attorney General, Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., of counsel), for defendants-appellees.

Before: OAKES, JACOBS and CALABRESI, Circuit Judges.


OAKES, Senior Circuit Judge:

The issue raised by this appeal is whether a Fourteenth Amendment liberty interest is violated by a prison inmate's unexplained removal from New York State's Shock Incarceration Program, N.Y. Correct.Law art. 26-A (McKinney Supp.1995) (the "shock program"), and his return to the general inmate population. Thomas John Klos, formerly a participant in the shock program, appeals from the September 17, 1993 judgment of the District Court for...

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