Legal Opinion

Colton v. Ashcroft

District Court, E.D. Kentucky

Decided January 15, 2004No. CIV.A. 03-554-JBCPublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

COFFMAN, District Judge.

The plaintiff, a federal prisoner, seeks injunctive relief against a regulation which would delay his release into a halfway house until only ten percent of his sentence remains. He claims that the regulation violates his rights under the Fifth Amendment Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and that it violates the Administrative Procedure Act. Deeming futile the exhaustion of administrative remedies and finding that the plaintiff has a strong likelihood of success…

2Cases cited54 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Porter v. NussleSupreme Court of the United States · 2002
  3. Commissioner v. SunnenSupreme Court of the United States · 1948
  4. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  5. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982

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3Cited by27 opinions

  1. Hacker v. Federal Bureau of PrisonsDistrict Court, E.D. Michigan · 2006
  2. Jaworski v. GutierrezDistrict Court, N.D. West Virginia · 2007
  3. Fagiolo v. SmithDistrict Court, M.D. Pennsylvania · 2004
  4. Jasperson v. Federal Bureau of PrisonsDistrict Court, District of Columbia · 2006
  5. United States v. Floyd ArthurCourt of Appeals for the Second Circuit · 2004

22 more not listed; retrieve them via the Exa API.

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