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BROOKS v. DiFASI

No. 772, Docket 96-2559.

112 F.3d 46 (1997)

James BROOKS, Plaintiff-Appellant, v. Michael A. DiFASI, Corrections Officer, employee of the N.Y.S. Department of Correctional Services, separately and in his personal capacities, et al., Defendants, Cheryl Lee, employee of the N.Y.S Department of Correctional Services, separately and in her personal capacities, Donald Selsky, employee of the N.Y.S. Department of Correctional Services, separately and in his official capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 9, 1997.

Attorney(s) appearing for the Case

Robert C. Weissflach, Buffalo, NY (Jaeckle, Fleischmann & Mugel, Buffalo, NY, of counsel), for plaintiff-appellant.

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

Before: VAN GRAAFEILAND, LEVAL, and CABRANES, Circuit Judges.

LEVAL, Circuit Judge:

James Brooks, a prisoner at the Elmira Correctional Facility, appeals from a grant of summary judgment by the United States District Court for the Western District of New York (John T. Elfvin, Judge), dismissing his civil rights action under 42 U.S.C. § 1983. Brooks alleges that defendants Cheryl Lee and Donald Selsky, who are prison officials, deprived him of procedural due process in disciplinary proceedings. Lee presided over a...

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