435 F. App'x 524
7th Cir.2011Background
- Easterling, convicted of firearm offenses, was scheduled for release to extended supervision on Oct 14, 2008 and designated for high risk supervision requiring monitoring and a transitional-living facility due to lack of a verifiable residence.
- Before release, Easterling wrote to his agent suggesting noncompliance and refused to meet about supervision rules.
- On Oct 6, 2008, the supervising agent and supervisor agreed the agent would contact Easterling on release date to assess willingness to comply; if noncompliant, Easterling would be detained pending revocation proceedings.
- On release date, Easterling allegedly refused to comply, was detained and transferred to another facility, and placed on a hold for investigation and decision on revocation.
- An ALJ later held Easterling violated conditions and revoked parole/extended supervision; revocation was sustained on appeal.
- Easterling sued under 42 U.S.C. § 1983 for post-release detention damages and injunctive relief, alleging lack of authority to detain beyond release date; defendants moved for summary judgment, including on qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Heck v. Humphrey bars the claim | Easterling argues post-release detention raises due process claims separate from revocation. | Defendants contend Heck bars §1983 claim since detention relates to revoked release. | Heck bars the claim. |
| Whether Easterling received due process before detention | Wisconsin failure to revoke via proper hearing violated due process. | Record shows hearing occurred; process was constitutionally sufficient. | Easterling received process; no due process violation. |
Key Cases Cited
- Heck v. Humphrey, 512 U.S. 477 (U.S. 1994) (bar to §1983 where success would invalidate conviction or sentence)
- Wilkinson v. Dotson, 544 U.S. 74 (U.S. 2005) (precludes using §1983 to challenge imprisonment that has not been invalidated)
- Swarthout v. Cooke, 131 S. Ct. 859 (U.S. 2011) (due process for supervision violations reduced to minimal protections)
- Felce v. Fiedler, 974 F.2d 1484 (7th Cir. 1992) (liberty interest in bifurcated sentence systems and due process)
- Knowlin v. Thompson, 207 F.3d 907 (7th Cir. 2000) (Heck applicability and revocation contexts in Seventh Circuit)
- State ex rel. Riesch v. Schwarz, 692 N.W.2d 219 (Wis. 2005) (termination of liberty interest upon release to mandatory supervision)