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NY Good Time Deprivation Challenge Must be Under Habeas
The Time Allowance Committee deprived the plaintiff of good time on two occasions, one involving several prior disciplinary convictions and the other involving a single conviction. The plaintiff may not challenge this deprivation via 1983; it must be pursued via habeas after exhaustion of state remedies. This plaintiff had sought a writ of habeas corpus and had lost on the ground that the Time Allowance Committee's procedures did not deny due process. (Prisoners are not entitled to a TAC hearing where good time is lost as a result of a prior disciplinary hearing.) See: Brown v. Smith, 993 F.Supp. 165 (W.D.N.Y. 1998).
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Related legal case
Brown v. Smith
| Year | 1998 |
|---|---|
| Cite | 993 F.Supp. 165 (W.D.N.Y. 1998) |
| Level | District Court |
| Injunction Status | N/A |