Hankins v. Lowe

Dist. Ct. erred in dismissing for failure to state viable cause of action portion of plaintiff’s section 1983 action alleging that defendant-parole officer violated plaintiff's 8th Amendment rights by delaying her release from parole beyond its termination date. Record contained some evidence that defendant did not inform plaintiff that she was off parole until 13 months after its actual expiration, and plaintiff stated potentially viable 8th Amendment claim where: (1) parole is form of custody; (2) parolee who proves that her continued parole is unlawful is entitled to habeas relief; and (3) unlawful extension of custody is form of cruel and unusual punishment. Ct. rejected defendant’s claim that plaintiff had failed to allege that he had requisite mental state, where he had no power to adjust parole outdate, since: (1) plaintiff further alleged that defendant had prohibited her from contacting relevant officials who could have provided her with accurate information about parole’s outdate; and (2) defendant’s job duties required that he obtain accurate information regarding plaintiff’s parole outdate.