Legal Opinion

Hardy v. Fischer

District Court, S.D. New York

Decided March 31, 2010No. 08 Civ. 2460(SHS)PublishedCited by 16 opinions

1Opinion of the Court

OPINION & ORDER

SIDNEY H. STEIN, District Judge.

Plaintiffs Lawrence Hardy, Ramone Cross, and Shawn Smith bring this action 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 of their constitutional right to be sentenced only by a judge. Plaintiffs assert that although this right was clearly…

2Cases cited21 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. Wilkinson v. DotsonSupreme Court of the United States · 2005
  4. Muhammad v. CloseSupreme Court of the United States · 2004
  5. Tom Doherty Associates, Inc. D/B/A Tor Books v. Saban Entertainment, Inc. And Saban International N.V.Court of Appeals for the Second Circuit · 1995

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

3Cited by16 opinions

  1. Opperisano v. JonesDistrict Court, E.D. New York · 2018
  2. Hardy v. City of New YorkDistrict Court, E.D. New York · 2010
  3. Hudson v. County of DutchessDistrict Court, S.D. New York · 2014
  4. Garnett v. ZeilingerCourt of Appeals for the D.C. Circuit · 2018
  5. Airbnb, Inc. v. City of N.Y.District Court, S.D. Illinois · 2019

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

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