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Legal Opinion

McClary v. Kelly

District Court, W.D. New York

Decided April 30, 1998No. 90-CV-0501APublishedCited by 33 opinions

1Opinion of the Court

DECISION AND ORDER

FELDMAN, United States Magistrate Judge.

I. BACKGROUND

Plaintiff David McClary (“McClary”) is a state prisoner in the custody of the New York State Department of Corrections. This action, commenced pursuant to 42 U.S.C. § 1983, arises as a result of McClary’s uninterrupted confinement in the Special Housing Unit (“SHU”) for the period of time from November 20, 1989 through March 12, 1994. McClary’s confinement in SHU was not based on any misbehavior while incarcerated, but rather was “administrative segregation”, predicated on a determination by prison officials that “the…

2Cases cited40 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Sandin v. ConnerSupreme Court of the United States · 1995
  4. Hewitt v. HelmsSupreme Court of the United States · 1983
  5. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985

35 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Michelle Bazzetta v. Kenneth McGinnis Director of Michigan Department of Corrections Michigan Department of CorrectionsCourt of Appeals for the Sixth Circuit · 2005
  2. Proctor v. LeClaireCourt of Appeals for the Second Circuit · 2017
  3. Thomas Porter v. Harold ClarkeCourt of Appeals for the Fourth Circuit · 2019
  4. Williams v. Secretary Pennsylvania Department of CorrectionsCourt of Appeals for the Third Circuit · 2017
  5. Kalwasinski v. MorseCourt of Appeals for the Second Circuit · 1999

28 more not listed; retrieve them via the Exa API.

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