BETANCES v. FISCHER

No. 11-cv-3200 (SAS).

144 F.Supp.3d 441 (2015)

Paul BETANCES, Lloyd A. Barnes, Gabriel Velez a/k/a Gabriel Belize, individually and on behalf of all others similarly situated, Plaintiffs, v. Brian FISCHER, in his capacity as Commissioner of the New York State Department of Correctional Services (Docs), and in his individual capacity; Anthony J. Annucci, in his capacity as Deputy Commissioner and Counsel for Docs, and in his individual capacity; Lucien J. LeClaire, JR., former Acting Commissioner of DOCS, in his individual capacity; Glenn S. Goord, former Commissioner of DOCS, in his individual capacity; John/Jane Does 1-25 (Docs Supervisory, Training, and Policy Personnel); Andrea W. Evans, in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP), and in her individual capacity; Mark Mantei, in his capacity as Executive Director of DOP, and in his individual capacity; Terence Tracy, in his capacity as Chief Counsel for DOP, and in his individual capacity; Robert J. Dennison, former Chair of DOP, in his individual capacity; Anthony G. Ellis II, former Executive Director of DOP, in his individual capacity; George B. Alexander, former Chair and Chief Executive Officer of DOP, in his individual capacity; and John/Jane Does 26-50 (DOP Supervisory, Training, and Policy Personnel), Defendants.

United States District Court, S.D. New York.

Signed August 6, 2015.


Attorney(s) appearing for the Case

Matthew D. Brinckerhoff, Esq. , Hayley Horowitz, Esq. , Emery Celli Brinckerhoff & Abady, LLP, New York, NY, for Plaintiffs.

Michael J. Keane , Anna Hehenberger , Christina Chinwe Okereke , James Brennan Cooney , Assistant Attorneys General, State of New York, New York, NY, for Defendants.


OPINION AND ORDER

I. INTRODUCTION

Beginning in 1998, New York mandated that certain violent felonies be punished by a determinate prison sentence followed by a mandatory term of parole, known as post-release supervision ("PRS")....

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