ELDER v. McCARTHY

Docket No. 17-2230 August Term, 2018.

967 F.3d 113 (2020)

Jarvis ELDER, Plaintiff-Appellant, v. J. MCCARTHY, Sergeant; T. MacIntyre, Correctional Officer; Ken. Kling, Hearing Officer/voc. Suprv.; Albert Prack, Director of Special Housing; Mark L. Bradt, Superintendent, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 23, 2020.


Attorney(s) appearing for the Case

Fabien M. Thayamballi ( Alexandra A.E. Shapiro , on the brief), Shapiro Arato LLP, New York, NY, for Plaintiff-Appellant.

Patrick A. Woods (Victor Paladino & Jeffrey W. Lang, on the brief, for Barbara D. Underwood , Attorney General, State of New York), Office of the New York State Attorney General, Albany, NY, for Defendants-Appellees.

Before: KEARSE, LIVINGSTON, and CARNEY, Circuit Judges.


In 2012, while incarcerated at Attica Correctional Facility in upstate New York, Plaintiff-Appellant Jarvis Elder was accused of forging inmate account disbursement forms to steal funds from another inmate's account. After a disciplinary hearing, a prison official found Elder guilty of the related charges and sentenced him...

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