Legal Opinion
Neri v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1988PublishedCited by 5 opinions
1Opinion of the Court
— Harvey, J.
Petitioner, an inmate at Auburn Correctional Facility in Cayuga County, was served with a misbehavior report charging him with a violation of prison disciplinary rule 113.12 which prohibits possession of controlled substances. The report had been written by Correction Officer R. M. Davia and alleged that during a search of petitioner’s cell approximately seven grams of marihuana were found in three rubber balloons under petitioner’s mattress. At the ensuing hearing, petitioner testified that he believed Davia had filed a false misbehavior report in order to retaliate against…
2Cases cited6 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Jones v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by5 opinions
- Berrios v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1988
- Mallen v. Hearing OfficerAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of Collins v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Johnson v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
- Calderon v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1990