Legal Opinion
United States of America Ex Rel. Tyrone B. Larkins v. Russell G. Oswald, Commissioner of Corrections of New York State
Court of Appeals for the Second Circuit
Decided January 24, 1975No. 313, Docket 74-1885PublishedCited by 91 opinions
1Opinion of the Court
OAKES, Circuit Judge:
This case is a nice example of the wisdom of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), holding that in prison disciplinary proceedings minimal due process requires advance written notice of the charges to the inmate no less than 24 hours before his appearance before the adjustment committee, together with a written statement by the factfinders as to the evidence relied upon and the reasons for the disciplinary action. 1 It comes to us by way of appeal from the United States District Court for the Western District of New York, John T. Curtin,…
2Cases cited15 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
- Basista v. WeirCourt of Appeals for the Third Circuit · 1965
10 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Carey v. PiphusSupreme Court of the United States · 1978
- James Williams v. Harold J. Smith, Superintendent, and W. Morgan, C.O., Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1986
- Josephina Duchesne as Administratrix of the Estate of Pauline Perez v. Jule M. SugarmanCourt of Appeals for the Second Circuit · 1977
- McKinnon v. PattersonCourt of Appeals for the Second Circuit · 1977
- John McCann Plaintiff-Appellee-Cross-Appellant v. T. Coughlin, Iii, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1983
86 more not listed; retrieve them via the Exa API.