Legal Opinion · Dissent

Hurd v. District of Columbia

Court of Appeals for the D.C. Circuit

Decided July 28, 2017No. 15-7153Published

1DissentRandolph, Senior Circuit Judge

Michael D. Hurd,; Jr.’s complaint for damages, brought under 42 U.S.C. § 1983, alleged that the District of Columbia deprived him of due process in violation of the Fifth Amendment to the Constitution when he was reimprisoned after District authorities discovered that he had been prematurely released from prison. Hurd brought this action after he finished seeing the balance of his original sentence.

One of the problems with Hurd’s § 1983 complaint, and the only one I need address, is that before- he filed this action in federal court he brought the same claims of procedural and substantive due…

2Cases cited28 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Preiser v. RodriguezSupreme Court of the United States · 1973
  4. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  5. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950

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