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CHATIN v. COOMBE

Docket Nos. 98-2484, 98-2556.

186 F.3d 82 (1999)

Clay CHATIN, Plaintiff-Appellee-Cross-Appellant, v. Commissioner P. COOMBE, Jr.; Christopher Artuz, Superintendent; Dep. Sup. D. Bliden; K. Decker, Captain; F. McDonnell, Lt.; Officer P. Stetz; The State of New York; Thomas J. Goldrick, Defendants, Glenn Goord, Commissioner of the NYS Dept. of Correctional Services, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 20, 1999.

Attorney(s) appearing for the Case

Lyssa M. Samson, New York, NY, Assistant Attorney General of the State of New York (Dennis C. Vacco, Attorney General of the State of New York, Thomas D. Hughes, Assistant Solicitor General, Michael S. Belohlavek, Assistant Attorney, of Counsel), for Defendant-Appellant, Cross-Appellee.

Mitchell A. Karlan, New York, N.Y. (Gibson, Dunn & Crutcher, LLP, Beth L. Golden, Thomas C. Sheehan, of Counsel), for Plaintiff-Appellee-Cross-Appellant.

Before: WINTER, Chief Judge, FEINBERG and LEVAL, Circuit Judges.

FEINBERG, Circuit Judge:

Defendant Glenn Goord, Commissioner of the New York State Department of Correctional Services (DOCS), appeals from a judgment of the United States District Court for the Southern District of New York, after a bench trial before Judge Denise Cote. The judge found that Rule 105.11 of the DOCS Standards of Inmate Behavior (the Rules) violates the Due Process Clause of the Fifth Amendment as applied to...

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