Hill v. Johnston
750 F. Supp. 2d 103
D.D.C.2010Background
- Darryl Hill, proceeding pro se, sought habeas relief under 28 U.S.C. § 2241 challenging the USPC revocation process.
- Hill was arrested in DC on December 2, 2008 for assault and attempted second-degree cruelty to children; a violator warrant was issued February 21, 2009 and executed March 4, 2009.
- A USPC hearing examiner found probable cause to believe Hill violated supervised release terms; Hill’s release was reinstated pending a revocation hearing set for April 29, 2009.
- A second warrant was issued after Hill’s July 4, 2009 arrest for assault; after execution July 24, 2009, probable cause was found August 4, 2009; revocation hearings were delayed as Hill sought counsel.
- Hill’s November 2009 Addendum alleged additional violations after a December 2008 restrained period; Hill pled guilty to misdemeanor counts in DC Superior Court resulting in a 210-day sentence.
- To expedite, Hill and USPC entered an Expedited Revocation Proposal on September 17, 2010; Hill waived the revocation hearing, admitted responsibility, and consented to revocation, with a 42-month term to follow.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay in revocation hearing violated due process | Hill contends due process was violated by delay in revocation proceedings. | USPC delay is not per se unconstitutional absent prejudice; delay without prejudice may be remediable by mandamus, not release. | Delay alone not enough; no due process violation shown. |
| Whether waiver/expedited revocation moots the habeas claim | Delay claims survive; the expedited process did not cure delay or protect rights. | Hill’s waiver of a hearing through expedited revocation rendered the live controversy moot. | Waiver rendered the delay claim moot; petition denied on mootness grounds. |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (1972) (due process requirements for parole revocation hearings)
- Jones v. U.S. Bureau of Prisons, 903 F.2d 1178 (8th Cir. 1990) (remedy for delay in revocation hearings is mandamus, not release)
- Sutherland v. McCall, 709 F.2d 730 (D.C. Cir. 1983) (delay must be unreasonable and prejudicial to merit relief)
- Colts v. U.S. Parole Comm'n, 531 F. Supp. 2d 8 (D.D.C. 2008) (delay evidence must show undue prejudice for relief)