HASSELL v. FISCHER

Docket No. 16-2835(L). 16-3641(XAP). August Term 2017.

879 F.3d 41 (2018)

William HASSELL, Plaintiff-Appellant-Cross-Appellee, v. Brian FISCHER, Commissioner of the New York State Department of Corrections (in an individual capacity), Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections (in an individual capacity), Andrea W. Evans, Chairwoman, New York State Board of Parole (in an individual capacity), Terrence Tracy, New York State Parole Employee (in an individual capacity), Defendants-Appellees-Cross-Appellants, Anthony Costantini, New York State Parole Officer (in an individual capacity), Jose Bulnes, New York State Parole Officer (in an individual capacity), Monty Bynum, New York State Parole Officer (in an individual capacity), Irma Machado, New York State Parole Officer (in an individual capacity), Gregory Freeman, New York State Parole Officer (in an individual capacity), New York State Corrections Employee John Doe, (fictitious name) (in an individual capacity), New York State Parole Employee Jane Doe, (fictitious name) (in an individual capacity), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 3, 2018.


Attorney(s) appearing for the Case

Lawrence P. LaBrew , New York, NY, for Plaintiff-Appellant-Cross-Appellee.

Eric Del Pozo , Asst. Solicitor General, State of New York, New York, NY ( Eric T. Schneiderman , Atty. General, State of New York, Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, New York, NY, on the brief), for Defendants-Appellees-Cross-Appellants and Defendants-Appellees.

Before: NEWMAN and CABRANES, Circuit Judges, and CHATIGNY, District Judge.


In 1998, the New York legislature passed a sentencing reform statute that changed the sentencing scheme for violent felony offenders by eliminating parole and requiring a term of post-release supervision ("PRS") to follow determinate sentences. See N.Y. Penal Law § 70.45(1); People v. Catu,

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