Smith v. Fischer

Plaintiff Brunce Smith moves for appointment of counsel in his appeal from a judgment of the United States District Court for the Northern District of New York (D’Agostino, /.), entered on September 26, 2014, dismissing his complaint on summary judgment. The underlying issue is whether an inmate may implicitly waive his right to attend a disciplinary hearing. Extending our reasoning in Bedoya v. Coughlin, 91 F.3d 349 (2d Cir.1996) (holding that an inmate may waive his right to call witnesses by remaining silent), we conclude that an inmate may likewise implicitly waive the right to attend his…