Legal Opinion
Francisco Franco v. Walter Kelly, Lt. Moscicki and Officer Higley
Court of Appeals for the Second Circuit
Decided July 25, 1988No. 1073, Docket 88-2035PublishedCited by 290 opinions
1Opinion of the Court
MESKILL, Circuit Judge:
In this appeal, we must decide whether an allegation that state prison officials intentionally filed false disciplinary charges against an inmate, in retaliation for the prisoner’s exercise of a constitutional right, states a cause of action for damages under 42 U.S.C. § 1983 (1982) that can withstand a motion for summary judgment. The United States District Court for the Western District of New York, Curtin, C.J., held that as long as prison officials provide minimum procedural due process protections, which were provided here, the alleged filing of false disciplinary…
2Cases cited34 opinions
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- Wolff v. McDonnellSupreme Court of the United States · 1974
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Rhodes v. ChapmanSupreme Court of the United States · 1981
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3Cited by290 opinions
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- Patrick Booker v. South Carolina Department of CorrectionsCourt of Appeals for the Fourth Circuit · 2017
- Lloyd E. Boddie v. Officer B. Schnieder Officer D. Dewald Officer P. Robertson Sergeant K. Schmitt and Hearing Officer Mr. PicoCourt of Appeals for the Second Circuit · 1997
- Dolan v. ConnollyCourt of Appeals for the Second Circuit · 2015
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