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Retaliatory Discipline Suit Dismissed

The plaintiff alleged that he was disciplined and transferred in retaliation for conduct protected by the First Amendment. The defendants are granted summary judgment based on uncontroverted affidavits that they were not personally involved. The correction officer who issued the allegedly false misbehavior report was not personally involved in any due process violations that occurred at the hearing.

The plaintiff waived his right to assistance at his disciplinary hearing by not complaining at the time. See: Jackson v. Johnson, 30 F.Supp.2d 613 (S.D.N.Y. 1998).

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Related legal case

Jackson v. Johnson