U.S. District Court: COMPENSATORY DAMAGES QUALIFIED IMMUNITY.

Quartararo v. Hay, 113 F.Supp.2d 405(E.D.N.Y. 2000). A prisoner brought a civil rights action against prison officials alleging violation of his due process rights when he was removed from a temporary work release program. The district court restored the prisoner to the program and held that the prisoner was entitled to compensatory damages for the loss of income and benefits attributable to his unlawful removal from the work release program, as well as emotional distress that he may have suffered. The court held that the officials' actions were not objectively reasonable and that they were not entitled to qualified immunity, noting that the officials failed to comply with their own regulations and failed to provide the prisoner any due process at all. According to the court, the prisoner established that he would not have been removed from the program if he had been afforded...

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