Bentley v. Dennison
852 F. Supp. 2d 379
S.D.N.Y.2012Background
- Beginning in 1998, NY mandated determinate prison sentences with mandatory post-release supervision (PRS) for violent felonies; the judge did not have to impose PRS at sentencing, leading DOCS to administer PRS.
- Earley v. Murray (2d Cir. 2006) held that administratively imposing PRS violates due process and that the proper remedy is resentencing by a judge rather than enforcement of PRS.
- Betances and Bentley plaintiffs allege that after Earley, officials continued to impose, enforce, and incarcerate under unlawfully imposed PRS, and even imposed new PRS terms.
- Defendants seek dismissal under qualified immunity, arguing rights were not clearly established; plaintiffs contend Earley established the rights and remedy clearly and that officials knowingly violated them.
- The court denies the motions to dismiss, finding plausibly alleged post-Earley unconstitutional actions and potential individual liability for supervisory officials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-Earley actions violated clearly established rights | Betances/Bentley allege ongoing unlawful PRS enforcement | Pre-Earley rights lacked clear establishment | No; rights were clearly established after Earley. |
| Whether defendants are entitled to qualified immunity for post-Earley actions | Officials knowingly continued unlawful PRS and incarceration | Confusion in state courts predated clear establishment | No; no qualified immunity for post-Earley enforcement. |
| Whether resentencing was the correct remedy and whether delay violated due process | Resentencing should have occurred promptly after Earley | Remedies could be sought case-by-case | Remedy required resentencing; delay negates immunity. |
| Whether Eleventh Amendment/sovereign immunity bars claims and accrual under Heck | Claims allege unconstitutional imprisonment; accrual after invalidation | State immunity shields monetary claims; accrual timing disputed | Not barred; claims proceed; accrual aligns with Heck after invalidation. |
Key Cases Cited
- Earley v. Murray, 451 F.3d 71 (2d Cir. 2006) (administrative PRS unconstitutional; remedy is resentencing)
- Scott v. Fischer, 616 F.3d 100 (2d Cir. 2010) (pre-Earley immunity; post-Earley actions differ; precludes some claims)
- Gamer v. N.Y. Dep't of Corr. Servs., 10 N.Y.3d 358 (N.Y. 2008) (state-law mechanics of PRS; not constitutional ruling; preceded Sparber/Gamer decisions)
- Sparber v. Garner, 10 N.Y.3d 457 (N.Y. 2008) (state-law ruling; did not address federal rights; clarified PRS process)
- Garner v. N.Y. State Dep't of Corr. Servs., 10 N.Y.3d 358 (N.Y. 2008) (confirms PRS implications and remedial framework)