United States Second Circuit

In a suit involving the New York State Department of Correctional Services's (DOCS) practice of administratively adding a term of post‐release supervision (PRS) to sentences in which PRS had not been imposed by the sentencing judge and the New York State Division of Parole's (DOP) practice of enforcing the administratively added PRS terms violated the Constitution, brought by offenders who had been subject to PRS in violation of Earley v. Murray, 451 F.3d 71 (2d Cir. 2006), the District Court's grant of summary judgment to plaintiffs is affirmed where the defendants did not make an objectively reasonably effort to relieve plaintiffs of the burdens of those unlawfully imposed terms after they knew it had been ruled that the imposition violated federal law.

Appellate Information

• Published 2016/09/16

Judges

• WALKER

Court

• United States Second Circuit

Counsel