Sandin v. Conner - Lecture notes 14-15 PDF

Title Sandin v. Conner - Lecture notes 14-15
Course Constitutional Law II
Institution Touro College
Pages 2
File Size 61.7 KB
File Type PDF
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Summary

Constitutional Law II Case Brief & Course Discussions related to Sandin v Conner...


Description

SANDIN v. CONNER 515 U.S. 472 (1995) FACTS: Parties: Appellant: Appellee: Procedural History: 

Court of Appeals reversed Committee’s determination

Relevant Facts: 

Δ was convicted of numerous state crimes, including murder, kidnapping, robbery and burglary



Δ was escorted from his cell where he was subjected to a strop search, complete with an inspection of the rectal area



Δ retorted with angry and foul language directed at the officer



11 days later Δ received notice that he had been charged with disciplinary infractions



An adjustment committee refused Δ’s request to present witnesses at the hearing



Committee concluded that Δ was guilty of the misconduct

ISSUE: 

Whether the denial of witnesses was a denial of Δ’s due process rights

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT: 

Reversed

RULE OF LAW:

 HOLDING: 

There is not a dramatic departure from the basic conditions of Δ’s indeterminate sentence

COURT’S REASONING: 

Δ’s confinement did not exceed similar confinement in either duration or degree of restriction

CONCURRING OPINION:  DISSENTING OPINION: ...


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