HORNE v. COUGHLIN

No. 301, Docket 97-2047.

155 F.3d 26 (1998)

WILLIE HORNE, Plaintiff-Appellant, v. Thomas A. COUGHLIN, III, Commissioner, New York State Department of Correctional Services; Philip Coombe, former Superintendent, Eastern Correctional Facility; Donald Selsky, Coordinator, Inmate Discipline; Arthur Kracke, Lieutenant, Eastern Correctional Facility; and Joseph A. Demskie, Captain, Sullivan Correctional Facility, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 27, 1998.


Attorney(s) appearing for the Case

Deborah Schneer, Poughkeepsie, NY (Kenneth R. Stephens, Prisoners' Legal Services of New York, Poughkeepsie, NY, Of Counsel) for Plaintiff-Appellant.

Katharine Demgen, New York City (Dennis C. Vacco, Attorney General of the State of New York, John W. McConnell, Deputy Solicitor General, Robert A. Forte and Belina Anderson, Assistant Attorneys General, New York City, of Counsel) for Defendants-Appellees.

Before: CARDAMONE, WALKER, and LEVAL, Circuit Judges.


LEVAL, Circuit Judge:

Plaintiff Willie Horne appeals from an order of the United States District Court for the Northern District of New York dismissing his action brought under 42 U.S.C. § 1983. The only substantial issue on appeal concerns Horne's claim that, while a prisoner in New York state custody, he was denied due process when defendants, various prison system officials, failed to provide him with "counsel substitute" in a disciplinary hearing that resulted...

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