GIOVANNI v. LYNN

No. 93-3456.

48 F.3d 908 (1995)

Edward GIOVANNI, Plaintiff-Appellant, v. Bruce LYNN, Secretary, Department of Correction, State of Louisiana, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 3, 1995.


Attorney(s) appearing for the Case

Edward Giovanni, pro se.

Eddie Lee Marshall, Angola, LA, for appellant.

Rose Polito Wooden, Asst. Atty. Gen., Richard P. Ieyoub, Atty. Gen., Baton Rouge, LA, for appellees.

Before POLITZ, Chief Judge, GARWOOD and BENAVIDES, Circuit Judges.


GARWOOD, Circuit Judge:

In this case, we are called on to decide whether a state prisoner placed in extended lockdown for disciplinary violation after a constitutionally adequate hearing, has a protected liberty interest in being released from lockdown when the violation is administratively expunged from his record for failure of the Secretary of the state Department of Corrections to act on his appeal within the 120-day limit imposed by the prison disciplinary rules...

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