[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 97-1047
YUSUF M. ALI,
Plaintiff, Appellant,
v.
SHEILA HUBBARD, ET AL.,
Defendants, Appellees.
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[Hon. Reginald C. Lindsay, U.S. District Judge] ___________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
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Before
Torruella, Chief Judge, ___________
Stahl and Lynch, Circuit Judges. ______________
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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.
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August 27, 1997
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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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