United States Second Circuit

In 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, dismissal of the action is affirmed where 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 has not pleaded sufficient facts to state a claim upon which relief can be granted for any actions the defendants took thereafter.

Appellate Information

• Decided 08/02/2010
• Published 08/02/2010

Judges

• Robert D. Sack

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert Thomas Perry, Laura R. Johnson