Legal Opinion
Hardy v. Fischer
District Court, S.D. New York
Decided March 31, 2010No. 08 Civ. 2460(SHS), 08 Civ. 9634(SHS), 07 Civ. 7790(SHS)PublishedCited by 4 opinions
1Opinion of the Court
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 of their constitutional right to be sentenced only by a judge. They assert that although this right was clearly established by the U.S. Supreme Court…
2Cases cited28 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Heck v. HumphreySupreme Court of the United States · 1994
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3Cited by4 opinions
- Hardy v. City of New YorkDistrict Court, E.D. New York · 2010
- Henley v. Turner Broadcasting System, Inc.District Court, N.D. Georgia · 2017
- Vincent v. YelichDistrict Court, W.D. New York · 2011
- Edwards v. The City of New YorkDistrict Court, S.D. New York · 2019