Legal Opinion
Darius Gittens v. Superintendent Eugene S. Lefevre, Review Officer Lt. Kavanaugh, Correction Officer J. Gillen, Sergeant Goodrich
Court of Appeals for the Second Circuit
Decided November 29, 1989No. 90, Docket 88-2459PublishedCited by 77 opinions
1Opinion of the Court
MINER, Circuit Judge:
This is an appeal from a judgment entered in the United States District Court for the Northern District of New York (McCurn, Ch.J.) dismissing plaintiff’s complaint pursuant to Fed.R.Civ.P. 12(b)(6) for “failure to state a claim upon which relief can be granted.” Plaintiff, an inmate at the Clinton Correctional Facility, alleged that defendants confined him to his cell and denied him any opportunity to make a statement challenging his confinement until a disciplinary hearing seven days later. The district court adopted the report-recommendation of Magistrate Gustave J.…
2Cases cited16 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Hewitt v. HelmsSupreme Court of the United States · 1983
- Armstrong v. ManzoSupreme Court of the United States · 1965
11 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Huey B. Wright v. Harold Smith and Thomas A. Coughlin, IIICourt of Appeals for the Second Circuit · 1994
- Eric Jenkins v. Lt. HaubertCourt of Appeals for the Second Circuit · 1999
- Lowrance v. AchtylCourt of Appeals for the Second Circuit · 1994
- Anselmo Soto v. Hans Walker, Supt., Auburn, C.F., T.H. Giltner, Lt., Auburn, C.F., Donald Selsky, Docs., AlbanyCourt of Appeals for the Second Circuit · 1995
- Juan Kent Branham v. Larry Meachum, Commissioner, Dept. Of Corrections Robert Kupec, Warden, Cci Somers and Lt. Champion, Cci SomersCourt of Appeals for the Second Circuit · 1996
72 more not listed; retrieve them via the Exa API.