REYES v. FISCHER

Docket No. 17-1970-cv August Term, 2017.

934 F.3d 97 (2019)

Ciara REYES, aka Sheila Rivera, Plaintiff-Appellee, v. Brian FISCHER, Former Commissioner of New York State Department of Correctional Services, in His Individual Capacity, Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision, Former Executive Deputy Commissioner, Deputy Commissioner, and Counsel of New York State Department of Correctional Services, in His Individual Capacity, Terrence X. Tracy, Chief Counsel for New York State Division of Parole, in His Individual Capacity, Defendants-Appellants, United States Marshals Service, New York State Division of Parole, Oni Penzarvis, Commissioner of the New York State Department of Correctional Services, Mrs. Williams, Superintendent, of Bedford Hills Correctional Facility for Women, John and Jane Does 1-20, New York State Department of Correctional Services Supervisory, Training, and Policy Personnel; New York State Division of Parole Supervisory, Training, and Policy Personnel; New York State Board of Parole Supervisory, Training, and Policy Personnel, in their Individual Capacity, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2019.


Attorney(s) appearing for the Case

Thomas Ross Hooper , ( Andrew S. Jacobson on the brief), Seward & Kissel LLP, New York, N.Y. for plaintiffs-appellants.

Eric Del Pozo , Assistant Solicitor General, ( Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, on the brief), New York, N.Y., for Letitia James , Attorney General of the State of New York.

Judge Hall concurs in part and dissents in part in a separate opinion.


Plaintiff-appellee Ciara Reyes brought this action under 42 U.S.C. § 1983 alleging that her constitutional right to due process was violated when the defendants required her to serve an administratively imposed term of post-release supervision ("PRS") following her release from imprisonment after serving six...

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