HARDY v. FISCHER

Nos. 08 Civ. 2460(SHS), 08 Civ. 9634(SHS), 07 Civ. 7790(SHS).

701 F.Supp.2d 605 (2010)

Lawrence HARDY, Ramone Cross, and Shawn Smith, 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; and John/Jane Does 1-50 (DOCS Supervisory, Training, and Policy Personnel), Defendants. Thomas Graham, Plaintiff, v. Brian Fischer, Commissioner of the New York State Department of Correctional Services (DOCS), in his individual capacity; Anthony J. Annucci, Deputy Commissioner and Counsel for DOCS, 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; and John/Jane Does 1-50 (DOCS Supervisory, Training, and Policy Personnel), in their individual capacities, Defendants. Michael Coleman, Plaintiff, v. Brian Fischer, Commissioner of the New York State Department of Correctional Services (DOCS), in his individual capacity; Anthony J. Annucci, in Deputy Commissioner and Counsel for DOCS, 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; Edward Del Rio, Parole Revocation Specialist, in his individual capacity; John Zwaryczuk, Senior Parole Officer, in his individual capacity; Barbara Cudney, Institutional Parole Officer, in her individual capacity; Sharon Henry, Parole Officer, in her individual capacity; John Martinez, Parole Officer, in his individual capacity; and John/Jane Does 1-50 (DOCS and Division of Parole Supervisory, Training, and Policy Personnel), Defendants.

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

March 31, 2010.


Attorney(s) appearing for the Case

Aaron Jonathan Mysliwiec, Law Offices of Joshua Dratel, P.C., Elora Mukherjee, Matthew D. Brinckerhoff, Emery Celli Brinckerhoff & Abady, LLP, New York, NY, for Plaintiffs.

Michael J. Keane, Andrew Hodge Meier, Office of the Attorney General, New York, NY, for Defendants.


OPINION & ORDER

SIDNEY H. STEIN, District Judge.

Various plaintiffs have brought these three actions pursuant to 42 U.S.C. § 1983 challenging the imposition and enforcement of post-release supervision ("PRS") by the New York State Department of Correctional Services ("DOCS"). Specifically, plaintiffs contend that the imposition of PRS by anyone other than a judge violates the Due Process Clause of the Fourteenth Amendment by depriving plaintiffs...

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