OWENS v. LIBHART

Civ. No. 89-0846.

729 F.Supp. 1510 (1990)

Paul B. OWENS, Plaintiff, v. L.L. LIBHART, Hearing Examiner; David S. Owens, Jr., Commissioner, Defendants.

United States District Court, M.D. Pennsylvania.

January 26, 1990.


Attorney(s) appearing for the Case

Paul B. Owens, Cresson, Pa., pro se.

Francis R. Filipi, Harrisburg, Pa., for defendants L.L. Libhart, and David S. Owens, Jr.


MEMORANDUM

NEALON, District Judge.

Plaintiff, a state prisoner, instituted this suit under 42 U.S.C. § 1983. His action revolved around a due process claim that his rights were abridged when the defendants refused his request to call the examining nurse as a witness at his disciplinary hearing. He relied on three contentions: (1) Administrative Directive 801(II)(D)(3) afforded plaintiff the right "to confront and cross examine (sic) any witness...

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