PEOPLES v. LEON

Docket No. 21-956-pr August Term, 2021.

63 F.4th 132 (2023)

Leroy PEOPLES, Plaintiff-Appellee, v. Gina R. LEON, Offender Rehabilitation Coordinator/orc; Clinton Correctional Facility, Ellen E. Alexander, Board of Parole/community Supervision, Tina M. Stanford, Chairwoman; Chair/Board of Parole, Defendants-Appellants, Jane Doe, Commissioner; Board of Parole/Community Supervision, John Doe, Commissioner; Board of Parole/community Supervision, Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 20, 2023.


Attorney(s) appearing for the Case

Kate L. Doniger , Kaplan Hecker & Fink LLP, New York, NY ( Joshua A. Matz , Kaplan Hecker & Fink LLP, Washington, D.C.; Margaret M. Turner , Kaplan Hecker & Fink LLP, New York, NY; Samuel Weiss , Rights Behind Bars, Washington, D.C., on the brief), for Leroy Peoples.

Kevin Hu , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Jeffrey W. Lang , Deputy Solicitor General, Kate H. Nepveu , Assistant Solicitor General, on the brief), for Letitia James , Attorney General State of New York, Albany, NY, for Gina R. Leon, Ellen E. Alexander, Tina M. Stanford.

Before: Livingston, Chief Judge, Parker, and Robinson, Circuit Judges.


At issue in this appeal is whether a corrections professional who recommended that the Parole Board issue certain special conditions of release, Defendant Gina Leon ("Leon"), and a Parole Board Member on the panel that imposed the conditions, Defendant Commissioner Ellen Alexander ("Alexander"), are absolutely or qualifiedly...

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