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BEDOYA v. COUGHLIN

No. 1303, Docket 95-2530.

91 F.3d 349 (1996)

Mario BEDOYA, Plaintiff-Appellant, v. Thomas A. COUGHLIN, III; Donald Selsky; Frank B. Ireland, Jr., Lieutenant; T. Van Camp, C.O.; and Frank E. Irvin, Supt., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 5, 1996.

Attorney(s) appearing for the Case

David A. Cohen, New York City (Arthur S. Linker, N. Ajoy Mathew, Rosenman & Colin, New York City, of counsel), for plaintiff-appellant.

Martin A. Hotvet, Assistant Attorney General of the State of New York, Albany, New York (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, Albany, New York, of counsel), for defendants-appellees.

Before: WINTER, JACOBS, and CABRANES, Circuit Judges.

JOSE A. CABRANES, Circuit Judge:

The question presented is whether the plaintiff's procedural due process rights were violated at a prison disciplinary hearing at which the presiding officer failed to summon a witness whose testimony the plaintiff had requested. To decide this issue, we must determine whether, as the United States District Court for the Western District of New York (Michael A. Telesca, Judge) concluded, the plaintiff had waived his right at...

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