This is a pro se appeal from a judgment of the United States District Court for the Northern District of New York, Cholakis, J., entered on February 4, 1991, ordering that summary judgment be entered in favor of the appellees thereby dismissing Smith’s claim for relief under 42 U.S.C. § 1983.
We affirm.
While we have concerns regarding the constitutionality of a blanket policy that keeps potentially important fact witnesses from testifying at prison disciplinary hearings,
see, e.g., Fox v. Coughlin,
A right is clearly established if “in light of preexisting law the unlawfulness [of the action taken is] apparent.”
Id.
Here, at the time the appellees precluded the prison monitor from testifying, the legality of the New York Commission of Correction’s policy of barring the testimony of such monitors had been determined to be reasonable by the New York courts.
People ex rel. Catapano v. Smith,
We have considered Smith’s other arguments and find them to lack merit.
Accordingly, the judgment of the district court is affirmed.
