United States Third Circuit

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Burns v. PA Dept. of Corrections, 09-2872

In a 42 U.S.C. section 1983 claim arising from a due process challenge to a prison disciplinary conviction, judgment of the district court is affirmed in part and reversed in part where: 1) the right to procedural due process of an inmate was violated when a hearing examiner simply failed to view available evidence to determine its relevance and suitability for use at a disciplinary hearing; 2) district court properly held that there was not due process violation in allowing the victim of an assault not to testify; and 3) prison official enjoyed qualified immunity.

Appellate Information

  • Decided 04/20/2011
  • Published 04/20/2011

Judges

  • McKEE

Court

  • United States Third Circuit

Counsel