United States Second Circuit

Because it is clearly established that Special Housing Unit confinements shorter than 101 days may implicate a liberty interest entitled to due process protection if the conditions of such confinement are severe enough, and because the conditions of plaintiff's confinement are a matter of factual dispute, defendant was properly denied summary judgment on the basis of qualified immunity. (Republished opinion)

Appellate Information

• Decided 04/06/2004
• Published 04/16/2004

Judges

• KATZMANN, Circuit Judge., Before:  KEARSE, CABRANES, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Caroline Mala Corbin (Michael A. Cheah, of counsel) New York, N.Y., for Plaintiff-Appellee., Anthony C. Gould, Assistant Attorney General (Deon J. Nossel, Senior Assistant Solicitor General, and Michael J. Keane, Assistant Attorney General, of counsel) for Eliot Spitzer, Attorney General of the State of New York, for Defendant-Appellant.