Withrow v. Donnelly.

U.S. District Court

SEGREGATION

PUNISHMENT

Withrow v. Donnelly, 333 F.Supp.2d 108 (W.D.N.Y. 2004). A state prison inmate brought a [section] 1983 due process action alleging that he had been improperly denied the right to present witnesses at a disciplinary hearing that resulted in his segregated confinement. The district court denied a defendant's motion for judgment on the pleading, finding that the fact that the inmate's segregation lasted only 77 days did not, by itself, preclude his claim because it was unknown whether the conditions of his segregation were atypical atypical /atyp·i·cal/ (-i-k'l) irregular; not conformable to the type; in microbiology, applied specifically to strains of unusual type.

a·typ·i·cal
adj. . The court noted that an atypical and significant hardship depends on both the length of confinement and whether the conditions of confinement were more severe than normal conditions

This article is about the philosophical argument; for normal conditions in the sense of standards see the corresponding articles, e.g. Standard conditions for temperature and pressure.

of such confinement. (Wende Correctional Facility Wende Correctional Facility is a maximum security prison located in Town of Alden in Erie County, New York. The prison is named for this region of Alden. Notorious gangster Jimmy Burke, mastermind of the Lufthansa Heist, was imprisoned in this facility until his death in 1996. , 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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Title Annotation:	violation of due process of law
Publication:	Corrections Caselaw Quarterly
Article Type:	Brief Article
Geographic Code:	1U2NY
Date:	Nov 1, 2004
Words:	131
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Next Article:	Wirsching v. Colorado.(EXERCISE AND RECREATION)(violation of due process of law)(Brief Article)
Topics:	Due process of law Cases Prisoners Cases Laws, regulations and rules Prisoners' rights Cases

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