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AYERS v. RYAN

No. 1717, Docket 96-2996.

152 F.3d 77 (1998)

Howard AYERS, Plaintiff-Appellant, v. D. RYAN, Lt. Hearing Officer, Southport Correctional Facility and R.J. McClellan, Superintendent, Southport Correctional Facility, both above in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 28, 1998.

Attorney(s) appearing for the Case

C. Ian Anderson, New York City (Ogden N. Lewis, Karen E. Wagner, Davis Polk & Wardwell, of counsel), for Plaintiff-Appellant.

Patrick Barnett Mulligan, Albany, NY (Dennis C. Vacco, Attorney General of the State of New York, Nancy A. Spiegel, Lisa LeCours, Assistant Attorneys General, of counsel), for Defendants-Appellees.

Before: WINTER, Chief Judge, JACOBS, Circuit Judge, and CARMAN, Chief Judge.

JACOBS, Circuit Judge:

Plaintiff Howard Ayers, an inmate in the custody of the New York State Department of Correctional Services, filed suit under 42 U.S.C. § 1983, alleging that his right to due process was violated when he was sentenced to confinement in the Special Housing Unit ("SHU") without receiving assistance in preparing for his defense or being afforded an opportunity to call certain witnesses at his Tier III disciplinary hearing. Ayers appeals from...

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