Opinion

Charles Thomas v. Warden Frank J. Pate, Luther W. Miller v. Illinois Department of Correction

  • 516 F.2d 889
Court
Court of Appeals for the Seventh Circuit
Filed
Mar 31, 1975
Status
Published
Author
Kilkenny
On the bench
Fairchild, Kilkenny, Per Curiam, Stevens
Cited by
19 cases
Authority
More cited than 25.0%

The opinion

KILKENNY, Senior Circuit Judge

(dissenting).

I would vacate and remand to the district court for a full fledged hearing in which the court would determine and judicially declare whether appellees’ disciplinary rules and regulations, currently in effect, meet the four constitutional requirements enunciated in Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974). If the court finds that the procedural due process safeguards required by Wolff are recognized in the current rules and regulations, the case should be dismissed. Otherwise, the court should direct appellants to amend their practices, rules and regulations to comply with such safeguards.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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