United States Seventh Circuit

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Domka v. Portage County, Wisconsin, 07-2984

In a suit alleging plaintiff had constitutionally protected liberty interests in his Huber privileges and the Home Detention Program (HDP) and that he was deprived of these without the requisite procedural due process, summary judgment defendant is affirmed where: 1) the plea agreement between plaintiff and the prosecutor did not give rise to a "legitimate entitlement" in the programs; 2) there was no due process violation since plaintiff waived his due process protections when he agreed to participate in the program, but the court reserves the question of whether a prisoner has a liberty interest in a home detention program; and 3) failure to seek a court order for the suspension of plaintiff's Huber privileges did not violate due process since failure to comply with state procedural rules does not violate the federal constitution.

Appellate Information

  • Argued 02/14/2008
  • Decided 04/24/2008
  • Published 04/24/2008

Judges

  • ROVNER, Circuit Judge., Before MANION, ROVNER and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Jeff Scott Olson (argued), Madison, WI, for Plaintiff-Appellant.

  • For Appellees:
  • Michael J. Modl (argued), Madison, WI, for Defendant-Appellee.
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