Does the favorable termination rule apply to a prison disciplinary proceeding?
MultiRegion, United States of America
The following excerpt is from Knapp v. Hickman, No. CIV S-05-2520-FCD-CMK-P (E.D. Cal. 2011):
Defendants argue the opposite, that because a finding in plaintiff's favor would necessarily imply the invalidity of the prison disciplinary proceeding, the favorable termination rule does apply to this case. In support of their position, defendants cite to a decision out of this court, Cohea v. Salter, 2009 WL 3128949 *4 (E.D. Cal 2009) (involving a retaliation claim for alleged false disciplinary proceedings wherein the plaintiff was assessed loss of good time credits).
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