· 4/6/2004
Anthony Palmer v. Paul Richards, Ronald Goss
Citations
- 364 F.3d 60
- 2004 U.S. App. LEXIS 6509
- 2004 WL 728850
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “harsh conditions endured for a brief interval and somewhat harsh conditions endured for a prolonged interval might both be atypical”
- noting that there is “no right to due process at [a disciplinary] hearing unless a liberty interest was infringed as a result” (citations, quotation marks, and original alterations omitted)
- noting that cases involving segregation of less than 30 days may be dismissed without a detailed factual record of condi- tions of confinement, but holding that 77 days’ segregation (continued...
- noting that the 26 Second Circuit has affirmed dismissal of due process claims where period of confinement was shorter than 30 days and there is no evidence of unusually restrictive conditions
- finding that an affidavit attesting to similar deprivations “raises genuine questions of material fact as to . . . how those conditions compared to the conditions imposed on the general prison population”
- noting that “[d]isputes about conditions may not be resolved on summary judgment, but where the conditions are undisputed, the Sandin issue should be resolved by the court as a matter of law[.]” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Cabranes, Katzmann
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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