U.S. appeals court: segregation due process; Palmer v. Richards.

• Position: Discipline

Palmer v. Richards, 364 F.3d 60 (2nd Cir. 2004). A state prisoner brought a pro se civil rights action under [section] 1983, alleging that an officer used excessive force to subdue him in an altercation that followed a pat frisk search. The prisoner also alleged that a superintendent violated his right to due process in the course of the resulting disciplinary hearing and grievance. The district court granted summary judgment, in part, for the defendants, and the superintendent appealed. The appeals court affirmed. The appeals court held that summary judgment was precluded by a genuine issue of material fact as to whether the prisoner had a liberty interest not to be placed in administrative segregation. The appeals court held that the district court...