Betances v. Fischer, No. 15-2836 (2d Cir. 2016)
Annotate this CasePlaintiffs, offenders who had been subject to post-release supervision (PRS) in violation of Earley v. Murray, filed suit against defendants for the actions they took in violation of Earley I and moved for summary judgment. The district court granted the motion and defendants appealed. The court agreed with the district court that defendants did not make an objectively reasonable effort to relieve plaintiffs of the burdens of those unlawfully imposed terms after they knew it had been ruled that the imposition violated federal law. The issue regarding the motion to deem the appeal frivolous is moot because defendants obtained a stay of further proceedings in the district court. Accordingly, the court affirmed the judgment and remanded for further proceedings.
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