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COLON v. HOWARD

Docket No. 97-2206.

215 F.3d 227 (2000)

Armando COLON, Plaintiff-Appellant, v. Thomas HOWARD, individually and in his official capacity as Hearing Officer at Clinton Correctional Facility; Gary R. Bezio, individually and in his official capacity, Jeff White, Corrections Officer at Clinton Correctional Facility; Mark Carter, Corrections Officer at Clinton Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 2000.

Attorney(s) appearing for the Case

Emma E. Harzem, New York, N.Y. (Arthur S. Linker, Rosenman & Colin, New York, N.Y., on the brief), for plaintiff-appellant.

Martin A. Hotvet, Asst. Atty. General (Eliot Spitzer, N.Y. State Atty. General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Asst. Atty. General, Albany, N.Y., on the brief), for defendants-appellees.

Before: NEWMAN, WALKER, and SACK, Circuit Judges.

Judge JOHN M. WALKER, JR. and Judge SACK concur with separate opinions.

JON O. NEWMAN, Circuit Judge.

This appeal is one in a series of cases in which district courts in this Circuit have rejected a prisoner's claim that he was confined in a segregated housing unit ("SHU") after a hearing that lacked procedural due process. The primary issue in such cases is whether the confinement imposes an "atypical and significant hardship on the inmate in relation to...

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