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Mentally Ill Federal Prisoner Denied Due Process in Disciplinary Hearing without Adequate Assistance
In considering the petition, the U.S. District Court for the Eastern District of Illinois recognized that Wolff v. MCDonnell 418 U.S. 539, 41 L. Ed. 2d 935, 94 S. Ct. 2963 (1974) held that the Due Process Clause in the U.S. Constitution requires that prisoners receive minimal due process in disciplinary hearings. It then found that since Ross’s conviction and the lack of any adequate assistance kept him from presenting any defense to the disciplinary allegations, he didn’t receive the due process required by Wolff. The disciplinary action was therefore nullified and vacated. See: U.S. ex rel. William Ross v. Warden, Marion Penititentiary, U.S.D.C. (E.D. Ill. 1977) 428 F. Supp. 443.
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Related legal case
U.S. ex rel. William Ross v. Warden, Marion Penititentiary
Year | 1977 |
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Cite | U.S.D.C. (E.D. Ill. 1977), 428 F. Supp. 443 |
Level | District Court |