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Brunson v. Duffy

United States District Court, S.D. New York

March 31, 2014

SHAKIM BRUNSON, Plaintiff,
v.
WARDEN DUFFY and NEW YORK STATE BOARD OF PAROLE, Defendants

Page 288

Shakim Brunson, Plaintiff, Pro se, New York, NY.

For Defendants: Jeffrey Scott Dantowitz, Esq., Office of Corporation Counsel NYC, New York, NY.

OPINION

Page 289

OPINION AND ORDER

KENNETH M. KARAS, UNITED STATES DISTRICT JUDGE.

I. Background

A. Factual History

In 2007, Plaintiff was convicted in New York state court of two counts of burglary in the third degree, one count of grand larceny in the fourth degree, one count of criminal possession of stolen property in the fourth degree, one count of criminal possession of stolen property in the fifth degree, and one count of possession of burglar tools. See People v. Brunson, 66 A.D.3d 594, 888 N.Y.S.2d 22, 23 (App.Div. 2009).[1] Plaintiff was thereafter sentenced to an aggregate term of imprisonment of five-to-ten years, which sentence the Appellate Division later reduced to three-to-six years. ( See Compl. (Dkt. No. 2), Ex. A ¶ 7.)

Plaintiff was conditionally released on parole in January 2012. ( See id. ¶ 8.) In April 2012, however, Plaintiff was arrested and charged with fourth-degree grand larceny. ( Id.) He was thereafter notified, in May 2012, that he had violated the conditions of his parole. ( Id.) Subsequently, at a June 2012 hearing, Plaintiff was sentenced to " max plus 21 days" in prison--i.e., he was ordered to serve the maximum of the remainder of his unexpired term, which ended on July 14, 2012, plus twenty-one additional days--such that he was scheduled to be released on August 4, 2012. ( Id. ¶ 9; see also Compl., Ex. B (" Violation of Release Report" indicating " Max. Expiration" date of July 14, 2012).)

In his Complaint, Plaintiff alleges that he was ultimately released on October 23, 2012, after a state court " l[i]fted [a] parole hold and granted [him] immediate[] release" in response to a petition for a writ of habeas corpus that he first filed in state court on September 6, 2012. (Compl. at 8 (" Statement of Facts" ); see also id. Ex. A (habeas petition, filed Oct. 2, 2012).) Plaintiff thus alleges that he was " held past[] [his] parole maximum release date," and that, during his period of prolonged incarceration, he suffered high blood pressure, he " had to be evaluated/observe[d] by mental health officials," he " injured

Page 290

[his] right ankle," he " was given [the] wrong medication by [an] officer," and he " was denied [the ability] to practice [his] religio[n]." ( Id. at 3.) Plaintiff requests $10,000 from Defendant Warden Duffy " for compensation[] for injuries and [for] being held past[] [his] ...


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