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No Due Process Required for Nutraloaf or Plexiglas Cell Placement
At 242: "... [T]he cruel and unusual punishment clause of the eighth amendment does not prohibit prison officials from restricting an inmate's diet as a punitive measure, as long as the inmate receives nutritionally adequate food that does not present an imminent health risk."
There is no liberty interest in avoiding placement in a shielded cell. Even if there were, the plaintiff received the process due, i.e., a Wolff hearing. Failure to call a witness did not deny due process in the absence of evidence that the witness would have had an impact on the hearing officer's findings. The plaintiff also received a rehearing that cured defects in the earlier hearing. The court distinguishes Walker and Mays on the ground that administrative reversal, expungement and rehearing, resulting in a significant reduction of the sanction, cured procedural defects resulting from the initial hearing. See: Breazil v. Bartlett, 998 F.Supp. 236 (W.D.N.Y. 1997).
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Related legal case
Breazil v. Bartlett
Year | 1997 |
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Cite | 998 F.Supp. 236 (W.D.N.Y. 1997) |
Level | District Court |
Injunction Status | N/A |