United States Seventh Circuit

Summary judgment for corrections officers in a 42 U.S.C. 1983 suit alleging violation of a prisoner's Eighth and Fourteenth Amendment rights is vacated and remanded where there were genuine issues of material fact concerning whether a disciplinary program violated the Eighth Amendment, and where plaintiff may be able to convince a jury that the program imposed an atypical and significant hardship sufficient to establish a liberty interest.

Appellate Information

• Decided 11/14/2006
• Published 11/14/2006

Judges

• EVANS, Circuit Judge., Before FLAUM, Chief Judge, and RIPPLE and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Pamela R. McGillivray (argued), David C. Bender, McNeil & McGillivray, Madison, WI, for Plaintiff-Appellant.


• For Appellees:
  
• Adrian Dresel-Velasquez (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.