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FARRELL v. BURKE

Docket No. 05-0169 CV.

449 F.3d 470 (2006)

Christopher J. FARRELL, Plaintiff-Appellant, v. Corey BURKE and Gregory Freeman, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 31, 2006.

Attorney(s) appearing for the Case

Eugene B. Nathanson, New York, New York, for Plaintiff-Appellant.

Ann P. Zybert, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, on the brief; Michael Belohlavek, Senior Counsel, Division of Appeals & Opinions, Daniel Chepaitis, Assistant Solicitor General, of counsel), New York, New York, for Defendants-Appellees.

Before: SOTOMAYOR and KATZMANN, Circuit Judges, and EATON, Judge.

SOTOMAYOR, Circuit Judge.

The principal question presented by this appeal is whether a special condition of parole that prohibited the possession of "pornographic material" would have given notice to a reasonable parolee who had been convicted of sexual crimes involving minors, or his parole officer, that the condition prohibited possession of the book Scum: True Homosexual Experiences, which contains sexually explicit...

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