Plus Ruling in Action Claiming Deprivation of Due Process

Scott v. Fischer, No. 09-1451, involved an action claiming that defendants deprived plaintiff of liberty without due process of law both by placing her on mandatory post-release supervision without a proper judicial sentence and by failing to take action to remove the supervision before or after she was rearrested for violating the terms thereof.  The Second Circuit affirmed the dismissal of the action on the grounds that defendants were entitled to qualified immunity for all actions they took prior to the Second Circuit’s decision in Earley v. Murray, 451 F.3d 71 (2d Cir. 2006), and further, plaintiff had not pleaded sufficient facts to state a claim upon which relief can be granted for any actions the defendants took thereafter.

Related Resources

  • Full Text of US v. Johnson, No. 08-5245
  • Full Text of Scott v. Fischer, No. 09-1451

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