Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Farid v. Ellen, No. 07-4057

By FindLaw Staff on January 28, 2010 | Last updated on March 21, 2019

In a prisoner's challenge to a prison's rules regarding contraband and smuggling as applied to a pamphlet he possessed, summary judgment for defendants is affirmed in part where plaintiff failed to administratively exhaust his claim regarding the confiscation of certain papers from his cell. However, the order is vacated in part where: 1) the rules at issue were unconstitutionally vague as applied to plaintiff, both because they failed to give him adequate notice and because they failed adequately to constrain the discretion of the prison officials who had the power to impose them; and 2) the right not to be punished under one set of rules for violations of another was clearly established.

Read Farid v. Ellen, No. 07-4057

Appellate Information

Argued: June 8, 2009

Decided: January 28, 2010


Opinion by Judge Calabresi


For Appellant:

Meghann E. Donahue and Philip A. Irwin, Covington & Burling LLP, New York, NY

For Appellees:

Sasha Samberg-Champion and Michelle Aronowitz, Deputy Solicitor Generals, New York, NY

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard