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ASQUITH v. DEPARTMENT OF CORRECTIONS

No. 98-5211.

186 F.3d 407 (1999)

William Eugene ASQUITH v. DEPARTMENT OF CORRECTIONS; Volunteers of America; William H. Fauver, Commissioner, Department of Corrections; Dorothy Keller, Administrator, Community Release Coordinator; Ken Safco, Director, Volunteers of America; Robert Gregory, Case Manager, Volunteers of America; Chris Arrayo, Case Aide, Volunteers of America; Edward McNair, Case Aide, Volunteers of America, William Asquith, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 30, 1999.

Attorney(s) appearing for the Case

Stephen M. Latimer (Argued), Loughlin & Latimer, Hackensack, NJ, for William Eugene Asquith, Appellant.

Ronald L. Bollheimer (Argued), Office of the Attorney General of New Jersey, Department of Law & Public Safety, Trenton, NJ, for William H. Fauver, Commissioner, Department of Corrections; Dorothy Keller, Administrator, Community Release Coordinator, Appellees.

Joseph M. Assan, Law Offices of Thomas Dempster, III, Mount Laurel, NJ, for Volunteers of America; Ken Safco, Director, Volunteers of America, Appellees.

Before: SCIRICA, McKEE, Circuit Judges, and SCHWARZER, District Judge

OPINION OF THE COURT

SCHWARZER, District Judge.

In this appeal, we must decide whether William Asquith, a former New Jersey State inmate, had a protected liberty interest in remaining in New Jersey's Residential Community Release Agreement Program. We find he did not and, accordingly, affirm the district court.

FACTS

William Asquith was serving a five-year sentence under the custody of the New Jersey Department of Corrections ("DOC") when...

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