wolff
mcdonnell
argued
april
decided
june
respondent
behalf
inmates
nebraska
prison
filed
complaint
damages
injunctive
relief
alleged
disciplinary
proceedings
prison
violated
due
process
inmate
legal
assistance
program
meet
constitutional
standards
regulations
governing
inmates
mail
unconstitutionally
restrictive
evidentiary
hearing
district
granted
partial
relief
though
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respondent
procedural
due
process
claim
held
prison
policy
inspecting
mail
improper
restrictions
inmate
legal
assistance
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defective
appeals
reversed
respect
due
process
claim
holding
procedural
requirements
outlined
intervening
decisions
morrissey
brewer
gagnon
scarpelli
generally
followed
prison
disciplinary
hearings
leaving
specific
requirements
including
circumstances
counsel
might
required
determined
district
remand
appeals
held
preiser
rodriguez
forbade
restoration
credits
suit
ordered
expunged
prison
records
misconduct
determinations
reached
proceedings
comported
due
process
generally
affirmed
district
judgment
respecting
correspondence
attorneys
added
additional
prescriptions
ordered
proceedings
determine
whether
state
meeting
burden
johnson
avery
provide
legal
assistance
prisoners
duty
found
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rights
cases
well
habeas
corpus
proceedings
nebraska
disciplinary
scheme
forfeiture
withholding
credits
confinement
disciplinary
cell
provided
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misconduct
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conference
held
chief
corrections
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charging
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orally
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charge
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prison
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body
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officials
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questions
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though
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damages
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prisoner
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full
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defendant
criminal
prosecution
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mutual
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needs
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applicable
constitutional
requirements
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since
prisoners
nebraska
lose
credits
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serious
misconduct
procedure
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whether
misconduct
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must
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certain
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due
process
requirements
though
full
range
procedures
mandated
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supra
scarpelli
supra
parole
probation
revocation
hearings
consonant
unique
institutional
environment
therefore
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inmates
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pp
advance
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notice
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committee
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action
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inmate
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present
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evidence
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goals
pp
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right
confrontation
prison
disciplinary
proceedings
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current
environment
prison
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concern
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prison
officials
pp
inmates
right
retained
appointed
counsel
proceedings
although
counsel
substitutes
provided
certain
cases
pp
record
concluded
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committee
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impartial
satisfy
due
process
requirements
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appeals
erred
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process
requirements
prison
disciplinary
proceedings
applied
retroactively
requiring
expunging
prison
records
improper
misconduct
determinations
morrissey
supra
pp
state
may
constitutionally
require
mail
attorney
prisoner
identified
name
address
appear
communication
protection
contraband
authorities
may
open
mail
inmate
presence
lawyer
desiring
correspond
prisoner
may
also
required
first
identify
client
prison
officials
ensure
letters
marked
privileged
actually
members
bar
restrictions
mail
procedure
required
courts
disapproved
pp
district
appeals
suggested
assess
adequacy
legal
assistance
available
preparation
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rights
actions
applying
standard
johnson
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supra
unless
state
provides
reasonable
alternative
assist
inmates
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petitions
relief
inmates
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furnishing
assistance
pp
white
delivered
opinion
burger
stewart
blackmun
powell
rehnquist
joined
marshall
filed
opinion
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part
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part
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joined
post
douglas
filed
opinion
dissenting
part
concurring
result
part
post
melvin
kent
kammerlohr
assistant
attorney
general
nebraska
argued
cause
petitioners
brief
clarence
meyer
attorney
general
douglas
duchek
appointment
argued
cause
respondent
pro
hac
vice
briefs
robert
plotkin
solicitor
general
bork
argued
cause
amicus
curiae
urging
reversal
brief
assistant
attorney
general
petersen
deputy
solicitor
general
frey
gerald
norton
jerome
feit
briefs
amici
curiae
urging
reversal
filed
evelle
younger
attorney
general
pro
se
jack
winkler
chief
assistant
attorney
general
edward
assistant
attorney
general
eric
collins
harry
allen
april
kestell
wilkinson
deputy
attorneys
general
attorney
general
california
william
scott
attorney
general
james
zagel
assistant
attorney
general
state
illinois
briefs
amici
curiae
urging
affirmance
filed
chesterfield
smith
robert
kutak
american
bar
assn
david
gilman
richard
singer
national
council
crime
delinquency
william
hellerstein
joel
berger
legal
aid
society
new
york
alvin
bronstein
barbara
milstein
arpiar
saunders
national
prison
project
william
allen
michael
schlanger
david
weissbrodt
inmates
district
columbia
correctional
complex
justice
white
delivered
opinion
granted
petition
writ
certiorari
case
raises
important
questions
concerning
administration
state
prison
respondent
behalf
inmates
nebraska
penal
correctional
complex
lincoln
nebraska
filed
complaint
challenging
several
practices
rules
regulations
complex
present
purposes
pertinent
allegations
disciplinary
proceedings
comply
due
process
clause
fourteenth
amendment
federal
constitution
inmate
legal
assistance
program
meet
constitutional
standards
regulations
governing
inspection
mail
attorneys
inmates
unconstitutionally
restrictive
respondent
requested
damages
injunctive
relief
evidentiary
hearing
district
granted
partial
relief
supp
neb
considering
bound
prior
circuit
authority
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process
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went
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prison
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attorneys
violated
prisoners
rights
access
courts
restrictions
placed
inmate
legal
assistance
constitutionally
defective
appeals
reversed
respect
due
process
claim
holding
procedural
requirements
outlined
morrissey
brewer
gagnon
scarpelli
decided
district
opinion
case
generally
followed
prison
disciplinary
hearings
left
specific
requirements
including
circumstances
counsel
might
required
determined
district
remand
respect
remedy
held
preiser
rodriguez
forbade
actual
restoration
credits
suit
ordered
expunged
prison
records
determinations
misconduct
arrived
proceedings
failed
comport
due
process
defined
generally
affirmed
judgment
district
respect
correspondence
attorneys
ordered
proceedings
determine
whether
state
meeting
burden
johnson
avery
provide
legal
assistance
prison
inmates
holding
state
duty
extended
civil
rights
cases
well
habeas
corpus
proceedings
begin
due
process
claim
understanding
issues
involved
requires
detailing
prison
disciplinary
regime
set
nebraska
statutes
prison
regulations
section
nebraska
treatment
corrections
act
amended
neb
rev
stat
cum
supp
provides
chief
executive
officer
penal
facility
responsible
discipline
inmates
particular
institution
statute
provides
range
possible
disciplinary
action
except
flagrant
serious
cases
punishment
misconduct
shall
consist
deprivation
privileges
cases
flagrant
serious
misconduct
chief
executive
officer
may
order
person
reduction
term
provided
section
credit
forfeited
withheld
also
person
confined
disciplinary
cell
breach
discipline
entered
person
file
together
disposition
punishment
therefor
statute
makes
clear
basically
two
kinds
punishment
flagrant
serious
misconduct
first
forfeiture
withholding
credits
affects
term
confinement
second
confinement
disciplinary
cell
involves
alteration
conditions
confinement
misconduct
less
flagrant
serious
deprivation
privileges
results
statutory
provision
establishing
procedures
imposition
disciplinary
sanctions
pertains
good
time
nebraska
treatment
corrections
act
amended
neb
rev
stat
cum
supp
merely
requires
inmate
consulted
regarding
charges
misconduct
connection
forfeiture
withholding
restoration
credit
prison
authorities
framed
written
regulations
dealing
procedures
policies
controlling
inmate
misconduct
regulation
misconduct
classified
two
categories
major
misconduct
serious
violation
must
formally
reported
adjustment
committee
composed
associate
warden
custody
correctional
industries
superintendent
reception
center
director
committee
directed
review
evaluate
misconduct
reports
among
things
conduct
investigations
make
findings
impose
disciplinary
actions
minor
misconduct
less
serious
violation
involved
problem
may
either
resolved
informally
inmate
supervisor
formally
reported
action
adjustment
committee
repeated
minor
misconduct
must
reported
adjustment
committee
available
wide
range
sanctions
disciplinary
action
taken
recommended
may
include
necessarily
limited
following
reprimand
restrictions
various
kinds
extra
duty
confinement
adjustment
center
disciplinary
cell
withholding
statutory
good
time
extra
earned
good
time
combination
elements
listed
herein
additional
procedures
devised
complex
governing
actions
adjustment
committee
based
testimony
district
found
following
procedures
effect
inmate
written
charged
prison
violation
chief
correction
supervisor
reviews
inmates
officers
complex
daily
convict
called
conference
chief
correction
supervisor
charging
party
following
conference
conduct
report
sent
adjustment
committee
follows
hearing
adjustment
committee
report
read
inmate
discussed
inmate
denies
charge
may
ask
questions
party
writing
adjustment
committee
conduct
additional
investigations
desires
punishment
imposed
ii
class
action
brought
respondent
alleged
rules
practices
procedures
complex
might
result
taking
good
time
violated
due
process
clause
fourteenth
amendment
respondent
sought
three
types
relief
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good
time
submission
plan
prison
authorities
hearing
procedure
connection
withholding
forfeiture
good
time
complied
requirements
due
process
damages
deprivation
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rights
resulting
use
allegedly
unconstitutional
procedures
threshold
issue
whether
preiser
rodriguez
validity
procedures
depriving
prisoners
credits
may
considered
civil
rights
suit
brought
preiser
state
prisoners
brought
suit
seeking
injunction
compel
restoration
credits
held
state
prisoners
challenging
fact
duration
confinement
seeking
speedier
release
sole
federal
remedy
writ
habeas
corpus
concomitant
requirement
exhausting
state
remedies
careful
point
habeas
corpus
appropriate
available
remedy
damages
claims
frivolous
sufficient
substance
invoke
jurisdiction
federal
pressed
along
suits
challenging
conditions
confinement
rather
fact
length
custody
complaint
case
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restoration
credits
appeals
correctly
held
relief
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complaint
also
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damages
preiser
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claims
properly
brought
go
forward
actual
restoration
credits
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proceedings
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claim
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properly
district
required
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proper
injunction
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prospective
enforcement
invalid
prison
regulations
therefore
conclude
proper
appeals
district
determine
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procedures
revoking
credits
fashion
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remedies
constitutional
violations
ascertained
short
ordering
actual
restoration
good
time
already
canceled
iii
petitioners
assert
procedure
disciplining
prison
inmates
serious
misconduct
matter
policy
raising
constitutional
issue
position
implies
prisoners
state
institutions
wholly
without
protections
constitution
due
process
clause
plainly
untenable
lawful
imprisonment
necessarily
makes
unavailable
many
rights
privileges
ordinary
citizen
retraction
justified
considerations
underlying
penal
system
price
johnston
though
rights
may
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needs
exigencies
institutional
environment
prisoner
wholly
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protections
imprisoned
crime
iron
curtain
drawn
constitution
prisons
country
prisoners
held
enjoy
substantial
religious
freedom
first
fourteenth
amendments
cruz
beto
cooper
pate
retain
right
access
courts
younger
gilmore
gilmore
lynch
supp
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cal
johnson
avery
ex
parte
hull
prisoners
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lee
washington
prisoners
may
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claim
protections
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process
clause
may
deprived
life
liberty
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without
due
process
law
haines
kerner
wilwording
swenson
screws
course
indicated
fact
prisoners
retain
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process
clause
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subject
restrictions
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nature
regime
lawfully
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cf
csc
letter
carriers
broadrick
oklahoma
parker
levy
prison
disciplinary
proceedings
part
criminal
prosecution
full
panoply
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defendant
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nebraska
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create
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prison
sentence
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kerner
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preiser
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frankfurter
concurring
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grannis
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ruffalo
operation
state
mechanisms
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person
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take
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regents
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arnett
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burson
think
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dent
west
virginia
since
prisoners
nebraska
lose
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time
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letters
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officials
limitations
numbers
letters
written
none
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issues
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appeals
ruling
district
restrictions
outgoing
mail
appeals
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person
allowed
render
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assistance
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allow
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except
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chief
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conduct
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completion
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action
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