[DOWNLOAD] "Duarte V. ." by Seventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Duarte V. .
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 10, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Nelson Duarte was disciplined for attempted escape from the United States Pentitentiary in Leavenworth, Kansas.*fn3 He subsequently filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241. A magistrate Judge concluded that no due process rights were violated at the disciplinary hearing. The district court adopted the magistrate Judge's findings and recommendation, denied the petition, and entered summary judgment in favor of respondent. On appeal, Duarte contends that his right to due process was violated when the hearing officer relied on information from confidential informants; that the hearing officer considered evidence that duct tape was found in Duarte's cell, notwithstanding respondent's failure to disclose that evidence to Duarte or his staff representative prior to the hearing; and that his staff representative failed to learn of the existence of the duct tape evidence.