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Scott v. Federal Bureau of Prisons.

U.S. District Court


Scott v. Federal Bureau of Prisons, 317 F.Supp.2d 529 (D.N.J. 2004). A prisoner who had filed a habeas corpus petition filed a motion for injunctive relief to compel the federal Bureau of Prisons (BOP) to make a determination of his eligibility for release to a community corrections center (CCC) pursuant to a former BOP policy. The district court granted injunctive relief, finding that the prisoner was denied due process by a Justice Department's Office of Legal Counsel memo, which misinterpreted the law, thereby unlawfully restricting the BOP's discretion in determining how a prisoner's level of custody was to be implemented. (Federal Correctional Center, Fort Dix, New Jersey)
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Title Annotation:prisoner files habeas corpus petition
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U2NJ
Date:Aug 1, 2004
Previous Article:Kritenbrink v. Crawford.
Next Article:Austin v. Wilkinson.

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