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02-1512 - Vaughn v. Nichols, et al


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02-1512 - Vaughn v. Nichols, et al
February 24, 2010
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MEMORANDUM OPINION pursuant to the 100 USCA Mandate remanding the case to this Court for reconsideration of its 31 Memorandum-Opinion that granted defts' 25 motion for summary judgment dismissing pltf's due process claim. The 100 Mandate addresses the issue whether Pltf was afforded adequate due process protection at a prison disiplinary hearing. For the reasons discussed herein, the circumstances of pltf's tier hearing did not violate the 14th Amendment's due process clause. No genuine issue of material fact exists, so summary judgment in the defts' favor is appropriate on this issue; Signed by District Judge Lyle E. Strom dtd 2/24/10 (cml) [ CRD traditionally served upon non-NEF pltf @ NYSDOC Clinton Correctional facility ]