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

> Court of Appeals for the Seventh Circuit · March 31, 1975 · 516 F.2d 889

URL: https://www.frixlaw.com/law-library/cases/9461783

## Case

- **Full name:** Charles THOMAS, Plaintiff-Appellant, v. Warden Frank J. PATE Et Al., Defendants-Appellees; Luther W. MILLER, Plaintiff-Appellant, v. ILLINOIS DEPARTMENT OF CORRECTION Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** March 31, 1975
- **Citations:** 516 F.2d 889
- **Precedential status:** Published
- **Opinion:** Dissent by Kilkenny
- **Judges:** Fairchild, Kilkenny, Per Curiam, Stevens
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9461783

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9461783. Public record. Not legal advice.