· 10/6/2017
Matter of Kaylee D. (Kimberly D.)
Citations
- 2017 NY Slip Op 7080
- 154 A.D.3d 1343
- 61 N.Y.S.3d 783
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “prison video surveillance evidence constitutes documentary evidence subject to the procedural due process protections recognized in Wolff”
- recognizing qualified right to individualized consideration of request for access to surveillance camera footage in disciplinary hearings, where inmate shows it might aid defense
- explaining that in order to show a procedural due process violation, there still must be evidence that the document would have “aided the [inmate’s] defense”
- explaining that the “some evidence” standard of Hill is inapplicable when a court is considering “whether prison officials’ failure to disclose or consider testimonial or documentary [evidence] was harmless”
- explaining that the “some evidence” standard of Hill is inapplicable when a court is considering “whether prison officials’ failure to disclose or consider testimonial or documentary [evidence] was harmless”
- holding the procedural due process right to present documentary evidence is applicable to a prisoner’s request that prison officials produce and review a surveillance video in connection with his or her disciplinary proceedings
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Peradotto, Lindley, Dejoseph, Winslow
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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