Actualidad

11 de Septiembre de 2007

Oficial probatorio no puede imponer como condición de libertad bajo palabra que el probando asista a Alcoholicos Anonimos

Court:	U.S. 9th Circuit Court of Appeals
Topic:	Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law, Sentencing
Title:	Inouye v. Kemna
Date:	09/07/07
Case Number:	06-15474
Summary:	In a 42 U.S.C. section 1983 action alleging violations of plaintiff's First Amendment rights by his parole officer by requiring him to attend Alcoholics Anonymous/Narcotics Anonymous meetings as a condition of his parole, summary judgment against plaintiff is reversed and remanded where defendant-parole officer was not entitled to qualified immunity because, contrary to the finding below, the law regarding the unconstitutionality of defendant's actions was clearly established at the time he supervised plaintiff's parole, and his mistake as to the law was not reasonable.

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