NY Good Time Deprivation Challenge Must be Under Habeas
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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).