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Sira v. Morton.


U.S. Appeals Court

DUE PROCESS

Sira v. Morton, 380 F.3d 57 (2nd Cir. 2004). A state prisoner one in confinement, or under arrest, for a political offense.

See also: State
 brought an action against various correctional officials, alleging that his due process rights were violated by his placement in a special housing unit for six months following a prison disciplinary hearing determination that the prisoner had organized a prisoner strike. The district court denied summary judgment and the officials appealed. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that the officials were not entitled qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S.  on the prisoner's due process claim of inadequate notice of the charges that constituted the basis of a prison disciplinary hearing. The court also held that the officials were not entitled to qualified immunity on the prisoner's due process claim based on the withholding of the substance of an informant's disclosures. (Green Haven Correctional Facility Green Haven Correctional Facility is a maximum security prison in New York, United States. The prison is located in the Town of Beekman in Dutchess County. It was originally a federal prison and now houses maximum security inmates. Notable Inmates
  • Ronald Defeo Jr.
, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
)
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Article Details
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Title Annotation:violation of due process of law
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U2NY
Date:Nov 1, 2004
Words:149
Previous Article:Powell v. Cusimano.(violation of prisoners rights)(Brief Article)
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