(Download) "Calhoun v. New York State Division of Parole Officers J. Mcquire" by United States Court of Appeals for the Second Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Calhoun v. New York State Division of Parole Officers J. Mcquire
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 23, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
PRATT, Circuit Judge : Plaintiff-appellant Bennie F. Calhoun, pro se, appeals from a summary judgment of the United States District Court for the Western District of New York, Kenneth R. Fisher, magistrate Judge, that dismissed his complaint filed under 42 U.S.C. § 1983. The magistrate Judge held (1) that when defendants extended his maximum expiration date (the latest date by which a defendant must be released from prison) by five days based upon a ""declaration of delinquency"", without affording Calhoun the final parole-revocation hearing required by Morrissey v. Brewer, 408 U.S. 471, 33 L. Ed. 2d 484, 92 S. Ct. 2593 (1972), they violated his due process rights; but (2) that defendants' conduct did not constitute cruel and unusual punishment under the eighth amendment; (3) that defendants James McGuire and Ted R. Clark were not personally involved in the due process violation; and (4) that defendants Ronald P. White and Gary Stern, who were personally involved, were nevertheless entitled to qualified immunity.