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Ali v. Hubbard, 97-1047 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1047 Visitors: 6
Filed: Sep. 09, 1997
Latest Update: Mar. 02, 2020
Summary: SHEILA HUBBARD, ET AL.______________ ______________________, John Chapman and Harry Collins.Ali's claim was properly dismissed.the invalidity of the judgment.F.3d 122, 123 (5th cir. 1995) (revocation of parole);Appellant's Brief at 12. Heck 512 U.S. at 487;declaratory relief must be dismissed.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 97-1047

YUSUF M. ALI,

Plaintiff, Appellant,

v.

SHEILA HUBBARD, ET AL.,

Defendants, Appellees.
____________________

[Hon. Reginald C. Lindsay, U.S. District Judge] ___________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

____________________

Before

Torruella, Chief Judge, ___________
Stahl and Lynch, Circuit Judges. ______________

____________________

Yusuf M. Ali on brief pro se. ____________
Scott Harshbarger, Attorney General and Susanne G. Levsen, __________________ ___________________
Assistant Attorney General, on brief for appellees.
Brian W. Brady and Gillespie & Associates on brief for appellees, ______________ ______________________
John Chapman and Harry Collins.
Roger H. Randall and Law Offices of Bruce R. Fox on brief for _________________ _____________________________
appellee Barbara Quinn.


____________________

August 27, 1997
____________________













Per Curiam. Plaintiff/appellant Yusuf M. Ali appeals __________

the dismissal of his federal civil rights claims arising out

of the revocation of his parole in 1994. We affirm.

Only one of Ali's claims merits extended discussion.

Ali claims that defendant parole board members violated his

right to due process when they failed to disclose to him,

during his parole revocation hearing, the actual documents on

which they based their decision. Assuming arguendo that such ________

a failure to disclose is a violation of federal due process,

see United States ex rel. Carson v. Taylor, 540 F.2d 1156, ___ ______________________________ ______

1161-63 (2d Cir. 1976); see also Morrissey v. Brewer, 408 ___ ____ _________ ______

U.S. 471, 489 (1972) (due process requires "disclosure to the

parolee of evidence against him"), we nevertheless find that

Ali's claim was properly dismissed.

"[A] state prisoner's claim for damages [and declaratory

relief] is not cognizable under 42 U.S.C. 1983 if 'a

judgment in favor of the plaintiff would necessarily imply

the invalidity of his conviction or sentence,' unless the

prisoner can demonstrate that the conviction or sentence has

previously been invalidated." Edwards v. Balisok, 117 S.Ct. _______ _______

1584, 1585 (1997) (quoting Heck v. Humphrey, 512 U.S. 477, ____ ________

487 (1994)). This is true not only when the prisoner

challenges the judgment as a substantive matter but also when

he challenges "procedures . . . such as necessarily to imply

the invalidity of the judgment." Id. at 1587. This __



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principle applies to prison disciplinary hearings, id., as __

well as to revocation and denials of parole, Butterfield v. ___________

Bail, 1997 WL 414250 (9th Cir. July 25, 1997) (denial of ____

parole); Littles v. Board of Pardons and Paroles Div., 68 _______ ____________________________________

F.3d 122, 123 (5th cir. 1995) (revocation of parole); Schafer _______

v. Moore, 46 F.3d 43, 44-45 (8th Cir. 1995) (denial of _____

parole).

Ali claims that, "because the evidence used by the

hearing panel was withheld from him, . . . he was denied the

opportunity to meet the case against him in a meaningful

manner and was thus wrongfully condemned to reincarceration."

Appellant's Brief at 12. Thus, a judgment in favor of Ali's

due process claim would "necessarily imply the invalidity of

[the revocation of his parole]." Heck 512 U.S. at 487; see ____ ___

also DeWitt v. Ventetoulo, 6 F.3d 32, 36-37 (1st Cir. 1993) ____ ______ __________

(granting habeas relief to prisoner whose parole had been

revoked in violation of due process), cert. denied, 511 U.S. _____ ______

1032 (1994). Since Ali has not shown that the revocation of

his parole has been invalidated, his claim for monetary and

declaratory relief must be dismissed. See Butterfield, 1997 ___ ___________

WL 414250 (no cognizable claim under 1983 where prisoner

alleged that defendants violated his due process rights in

finding him ineligible parole on the basis of incorrect

information); Stone-Bey v. Barnes, 1997 WL 409423 (7th Cir. _________ ______

July 22, 1997) (claim that due process rights of prisoner



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were violated because record was devoid of evidence

supporting disciplinary action barred by Balisok). _______

As to Ali's other federal and state law claims, we

affirm the dismissal essentially for the reasons given by the

district court in its memorandum and order, dated January 26,

1996.

Affirmed. ________







































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Source:  CourtListener

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