The following excerpt is from Buenrostro v. Castillo, 1:14-cv-00075-BAM (PC) (E.D. Cal. 2015):
Plaintiff alleges a violation of his Fifth Amendment due process rights related to a disciplinary hearing. Before a prisoner is placed in disciplinary segregation, as alleged here, due process requires that a prisoner is entitled to: (1) a written statement at least 24 hours before the disciplinary hearing that includes the charges, a description of the evidence against the prisoner, and an explanation for the disciplinary action taken; (2) an opportunity to present documentary evidence and call witnesses, unless calling witnesses would interfere with institutional security; and (3) legal assistance where the charges are complex or the inmate is illiterate. Wolff v. McDonnell, 418 U.S. 539, 563-570, 94 S.Ct. 2963, 2978-2982 (1974).
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