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Hunterson v. DiSabato

Citations: 137 F. Supp. 2d 529; 1999 U.S. Dist. LEXIS 22674; 1998 WL 1759760Docket: CIV. A. 98-482

Court: District Court, D. New Jersey; June 10, 1999; Federal District Court

Narrative Opinion Summary

The case revolves around a habeas corpus petition filed by an individual challenging his parole revocation under 28 U.S.C. § 2254. Initially convicted of serious offenses and later paroled, the petitioner faced multiple rearrests and parole violations, primarily involving minor drug charges. The petitioner alleged that his imprisonment was retaliatory, linked to his relationship with a former Deputy Director of Interstate Parole Services, and involved due process violations by parole authorities. The procedural history includes various hearings and appeals, with significant findings of probable cause and subsequent reversals. The New Jersey Parole Board imposed a five-year Future Eligibility Term (FET), which was contested as arbitrary and capricious. The court examined the application of due process protections in parole revocation, ultimately granting the writ of habeas corpus, citing the Board's failure to substantiate its decision adequately. Despite procedural challenges and motions for reconsideration, the petitioner's constitutional claims were deemed non-trivial, emphasizing the need for proper due process in parole decisions. The court's ruling underscored the protection of liberty interests under the Fourteenth Amendment, resulting in the petitioner's ordered release.

Legal Issues Addressed

Arbitrariness in Imposing Future Eligibility Term (FET)

Application: The imposition of a five-year FET was found arbitrary and capricious, violating due process.

Reasoning: The five-year FET was characterized as arbitrary and capricious, violating substantive due process rights...

Due Process in Parole Revocation

Application: The court evaluated whether procedural protections were provided during parole revocation, ultimately finding due process violations.

Reasoning: Due process also includes substantive protections against arbitrary governmental actions, ensuring that procedural protections are meaningful.

Exhaustion of Administrative Remedies

Application: Petitioner argued that the exhaustion of administrative remedies was moot as relief was already obtained.

Reasoning: Petitioner countered on March 17, 1998, claiming he had already obtained the relief sought, thus rendering the exhaustion argument moot.

Habeas Corpus under 28 U.S.C. § 2254

Application: Petitioner sought a writ of habeas corpus claiming retaliatory actions by the New Jersey Department of Corrections affected his parole status.

Reasoning: Petitioner Neil Hunterson sought a writ of habeas corpus under 28 U.S.C. § 2254, claiming his continued imprisonment was retaliatory actions by the New Jersey Department of Corrections (DOC)...

Parole Revocation Standards

Application: Parole revocation requires clear and convincing evidence of violation and was a central issue in the case due to alleged retaliatory actions against Petitioner.

Reasoning: The Bureau needed to demonstrate by clear and convincing evidence that Petitioner had violated parole conditions.

Retaliatory Actions and Equal Protection

Application: Petitioner alleged that his parole revocation was a result of retaliatory actions violating equal protection rights.

Reasoning: Claims of selective prosecution by the New Jersey Department of Corrections and the Board of Parole, violating multiple amendments.

Standard of Review under § 2254

Application: The court must defer to state court findings unless unreasonable, a standard which the court found was not met in this case.

Reasoning: A federal court shall not grant a writ of habeas corpus unless the state court's decision was either contrary to or involved an unreasonable application of clearly established federal law...