Plus Ruling in Action Claiming Deprivation of Due Process
In US v. Johnson, No. 08-5245, the court of appeals affirmed defendant's sentence for being a felon in possession of a firearm, holding that a violation of Connecticut General Statute section 53a-179b (Rioting at a correctional institution) qualified as a "violent felony" under the Armed Career Criminal Act.
Scott v. Fischer, No. 09-1451, involved an action claiming that defendants deprived plaintiff of liberty without due process of law both by placing her on mandatory post-release supervision without a proper judicial sentence and by failing to take action to remove the supervision before or after she was rearrested for violating the terms thereof. The Second Circuit affirmed the dismissal of the action on the grounds that defendants were entitled to qualified immunity for all actions they took prior to the Second Circuit's decision in Earley v. Murray, 451 F.3d 71 (2d Cir. 2006), and further, plaintiff had not pleaded sufficient facts to state a claim upon which relief can be granted for any actions the defendants took thereafter.