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ANDERSON v. RECORE

No. 01-0161.

317 F.3d 194 (2003)

Simon ANDERSON, Plaintiff-Appellant, v. James F. RECORE, Director, Temporary Release Programs, Department of Correctional Services, Joseph Williams, Superintendent, Lincoln Correctional Facility, Johnella Hill, Sr. Counselor, Department of Correctional Services, Defendants-Appellees, Glenn S. GOORD, Commissioner, New York State Department of Correctional Services, Defendant.

United States Court of Appeals, Second Circuit.

Decided: January 15, 2003.

Supplemental Briefing Completed: April 24, 2002.

Attorney(s) appearing for the Case

Simon Anderson, pro se, New York, NY, Petitioner-Appellant (Daniel L. Greenberg, John Boston, Milton Zelermyer, The Legal Aid Society, Brooklyn, NY, on the supplemental brief).

Daniel Chepatis (Michael S. Belohlavek, Deputy Solicitor General, Patrick J. Walsh, Assistant Solicitor General, Eliot Spitzer, Attorney General of the State of New York, on the brief), New York, NY, for Defendants-Appellees.

Before: POOLER, SOTOMAYOR, and B.D. PARKER, JR., Circuit Judges.

POOLER, Circuit Judge.

In 1978 we held that prison inmates in a temporary release program must receive a hearing prior to revocation of their release status. Tracy v. Salamack, 572 F.2d 393, 395-96 (2d Cir.1978) (per curiam). The district court, whose reasoning we adopted, found that plaintiffs satisfied both prongs of the test that determines whether the Due Process Clause requires a hearing. First, the prisoners demonstrated...

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