Document Type


Publication Date



Plaintiff-appellant Robert Walker appeals from a judgment entered in the United States District Court for the Western District of New York (Larimer, J.) dismissing his complaint against defendant-appellee L. Bates, a Tier III Hearing Officer at the Southport Correctional Facility ("Facility") where Walker is an inmate. In the complaint, grounded in the provisions of 42 U.S.C. § 1983, Walker alleged that his constitutional procedural due process rights were violated in the course of a disciplinary hearing that resulted in a decision to confine him to the Special Housing Unit ("SHU") at the Facility. The district court concluded that reversal of the disciplinary hearing decision on administrative appeal cured any procedural defects in the hearing and dismissed the complaint pursuant to the provisions of Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. We reverse.


23 F.3d 652 (1994)

Robert WALKER, Plaintiff-Appellant,


L. BATES, Hearing Officer, Defendant-Appellee.

No. 731, Docket 93-2107.

United States Court of Appeals, Second Circuit.

Argued December 15, 1993.

Decided April 29, 1994.

New York Law School location: File #1833, Box #132