United States Second Circuit

In -mixed sanctions- cases arising from a prison disciplinary proceeding, a prisoner can, without demonstrating that the challenged punishments have been invalidated, proceed separately with a section 1983 action challenging the sanctions affecting the conditions of his confinement. However, he may only bring such an action if he agrees to abandon forever any and all claims he has with respect to the sanctions that affected the length of his imprisonment.

Appellate Information

• Decided 10/17/2006
• Published 10/17/2006

Judges

• CALABRESI, Circuit Judge., Before MINER, CALABRESI, Circuit Judges, HOLWELL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jose Peralta, Pro Se, Gouverneur, N.Y.


• For Appellees:
  
• Carol Fisher, Assistant Solicitor General for Eliot Spitzer, Attorney General of the State of New York (Michael S. Belohlavek, Senior Counsel, Department of Appeals & Opinions, of counsel), New York, N.Y., for Defendants-Appellees.