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United States Third Circuit


LEAMER v. FAUVER, 98-6007

Imprisoned sex-offender's claim, for placement on "Restricted Activities Program" status and denial of therapy (and attendant consequences), challenges the conditions of his confinement, not length or validity of his sentence, and was properly brought under 42 U.S.C. section 1983 rather than via habeas petition; prisoner enjoyed a "liberty" interest in his treatment for purposes of his due process claims.

Appellate Information

  • Argued 11/09/2001
  • Decided 04/19/2002
  • Published 04/19/2002

Judges

  • Before McKEE, RENDELL and STAPLETON, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • James A. Plaisted (Argued), Walder, Sondak & Brogan, Roseland, NJ, for Appellant.

  • For Appellees:
  • Lisa A. Puglisi (Argued), Office of Attorney General of New Jersey, Division of Law, Trenton, NJ, for Appellees.
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