Plaintiff filed a complaint on behalf of himself and others similarly situated, challenging the constitutionality of New York's regulations for the detention of parolees who are awaiting final parole revocation hearings. Their primary claim was that New York State's parole procedures violated plaintiffs' procedural due process rights under the Fourteenth Amendment because those awaiting final parole determinations were being detained. The court granted the Defendants' motion for summary judgment and denied the plaintiffs' cross-motion for summary judgment, finding that the government had a substantial public safety interest in the detention of those awaiting final parole revocation determinations. Plaintiffs advocated for "bail-like" proceedings to determine if those awaiting final parole revocation determinations should be incarcerated, but the court found that this process was not constitutionally required and imposed substantial financial burdens on the state.
Roberson v. Cuomo, 524 F. Supp. 3d 196 (S.D.N.Y. 2021)
Criminal (State Charges)
Implementing Release Procedures, Parole Hearing
Type of Court
Federal District Court
Type of Case
Parole or Probation Violations, Post-Conviction Detention [jail or prison]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
New York State Prisons
Procedural Due Process (both 14th and 5th Amendments)
Other, Section 1983
Executive Law § 259-i(3)
9: N.Y.C.R.R. § 8005.7(a)(5), § 8004.3(d)(1)
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.