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Wolff Vs. Mcdonnell
Cites for this judgment
- US Supreme Court
- Jun 26, 1974
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U.S. 539 (1974) U.S. Supreme Court Wolff v. McDonnellSearch
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U.S. 539 (1974) Wolff v. McDonnellSearch
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to the due process claim, holding that the procedural requirements outlined in the intervening decisions in Morrissey v. BrewerSearch
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U. S. 471 , and Gagnon v. ScarpelliSearch
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might be required) to be determined by the District Court on remand. The Court of Appeals further held that Preiser v. RodriguezSearch
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prescriptions and ordered further proceedings to determine whether the State was meeting its burden under Johnson v. AverySearch
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adequacy of the legal assistance available for preparation of civil rights actions, applying the standard of Johnson v. AverySearch
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with respect to the due process claim, holding that the procedural requirements outlined by this Court in Morrissey v. BrewerSearch
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U. S. 471 (1972), and Gagnon v. ScarpelliSearch
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to be determined by the District Court on remand. With respect to a remedy, the court further held that Preiser v. RodriguezSearch
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but ordered further proceedings to determine whether the State was meeting its burden under Johnson v. AverySearch
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Page 418 U. S. 554 At the threshold is the issue whether, under Preiser v. RodriguezSearch
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Prisoners have been held to enjoy substantial religious freedom under the First and Fourteenth, Amendments. Cruz v. BetoSearch
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U. S. 546 (1964). They retain right of access to the courts. Younger v. GilmoreSearch
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U. S. 15 (1971), aff'g Gilmore v. LynchSearch
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under the Equal Protection Clause of the Fourteenth Amendment from invidious discrimination based on race. Lee v. WashingtonSearch
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of the Due Process Clause. They may not be deprived of life, liberty, or property without due process of law. Haines v. KernerSearch
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Screws v. UnitedSearch
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not subject to restrictions imposed by the nature of the regime to which they have been lawfully committed. Cf. CSC v. LetterSearch
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criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply. Cf. Morrissey v. BrewerSearch
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right is not arbitrarily abrogated. This is the thrust of recent cases in the prison disciplinary context. In Haines v. KernerSearch
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complaint for failure to state a claim. In Preiser v. RodriguezSearch
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before a person is finally deprived of his property Page 418 U. S. 558 interests. Anti-Fascist Committee v. McGrathSearch
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J., concurring). The requirement for some kind of a hearing applies to the taking of private property, Grannis v. OrdeanSearch
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for termination, Board of Regents v. RothSearch
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id. at 416 U. S. 206 (MARSHALL, J., dissenting). Cf. Stanley v. IllinoisSearch
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the State. The touchstone of due process is protection of the individual against arbitrary action of government, Dent v. WestSearch
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of retained counsel or to appointed counsel, if he is indigent. Following the decision in Morrissey, in Gagnon v. ScarpelliSearch
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be taken into account as we now examine in more detail the Nebraska procedures that the Court of Appeals found wanting. v. TwoSearch
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in criminal trials where the accused, if found guilty, may be subjected to the most serious deprivations, Pointer v. TexasSearch
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U. S. 400 (1965), or where a person may lose his job in society, Greene v. McElroySearch
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U. S. 496 497 (1959). But they are not rights universally applicable to all hearings. See Arnett v. KennedySearch
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