Legal Opinion

Henry Benitez v. D. Wolff, J. Kihl

Court of Appeals for the Second Circuit

Decided February 3, 1993No. 107, Docket 92-2168PublishedCited by 45 opinions

1Opinion of the Court

KEARSE, Circuit Judge:

This case returns to us on an appeal challenging the dismissal of the complaint following our remand in Benitez v. Wolff, 907 F.2d 1293 (2d Cir.1990) (per curiam) (“Benitez I”). Plaintiff pro se Henry Ben-itez, a New York State prisoner, appeals from a final judgment of the United States District Court for the Western District of New York, Michael A. Telesca, Chief Judge, dismissing his complaint brought pursuant to 42 U.S.C. § 1983 (1988) against defendants Donald Wolff and Joseph Kihl for violation of his due process rights in connection with his preparation for a…

2Cases cited11 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. Connie Robison v. Susan R. Via and Harold HarrisonCourt of Appeals for the Second Circuit · 1987
  5. John McCann Plaintiff-Appellee-Cross-Appellant v. T. Coughlin, Iii, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1983

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3Cited by45 opinions

  1. Huey B. Wright v. Harold Smith and Thomas A. Coughlin, IIICourt of Appeals for the Second Circuit · 1994
  2. Rubin Sira v. R. Morton, C. Artuz, D. Selsky, and G. GoordCourt of Appeals for the Second Circuit · 2004
  3. Ying Jing Gan v. City of New YorkCourt of Appeals for the Second Circuit · 1993
  4. Melinda C. Frank v. Howard R. Relin, Individually and in His Official Capacity as the Monroe County District AttorneyCourt of Appeals for the Second Circuit · 1993
  5. Ying Jing Gan v. The City Of New YorkCourt of Appeals for the Second Circuit · 1993

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