Skip to main content

United States Third Circuit

Reset A A Font size: Print

Fantone v. Latini, 13-3611

In this case, plaintiff-inmate alleges that by their wrongful actions, defendants unlawfully caused him to be confined in a prison Restrictive Housing Unit (RHU), which in turn, led the Parole Board to rescind his parole. Plaintiff contends that the combination of the rescission of his parole and his confinement in the RHU infringed his legally cognizable liberty interests, thereby violating his right to due process of law, that defendants conspired to deprive him of these due process rights, and that he was unlawfully retaliated against for filing a grievance against his correctional officer. Judgment dismissing plaintiff's claims is: 1) affirmed as to the due process and conspiracy claims, as they are based on the rescission of his parole and the place of his confinement, where Pennsylvania law does not grant inmates a pre-execution grant of parole nor a right to be housed in any particular unit in a prison; but 2) reversed and remanded as to the retaliation claims, where plaintiff sufficiently alleged that he engaged in protected activities that together resulted in the retaliatory conduct.

Appellate Information

  • Decided 02/18/2015
  • Published 02/18/2015


  • Greenberg


  • United States Third Circuit


Copied to clipboard