Reyes v. Fischer, No. 17-1970 (2d Cir. 2019)
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The Second Circuit held that defendants violated plaintiff's constitutional rights and denied qualified immunity to defendants for the week of administratively imposed post‐release supervision (PRS) after plaintiff's determinate sentences had expired.
In regard to the period of PRS that plaintiff served from her initial release from prison on October 5, 2007, until her determinate sentences expired on November 27, 2008, the court held that there were material issues of fact as to whether that period of PRS was more onerous than the period of conditional release she would have been subjected to without PRS and consequently whether she was deprived of a liberty interest during that period. Therefore, the court lacked jurisdiction to determine whether defendants were entitled to qualified immunity and dismissed the appeal, remanding for further proceedings.
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