<$BlogRSDUrl$>

Monday, April 11, 2011

No private right of action. The Second Circuit, in M.F. v. State of New York Executive Department Division of Parole has held that the Interstate Compact for Adult Offender Supervision does not create a private right of action. M.F., an individual who had been convicted of endangering the welfare of children in New Jersey sought to move to New York, where he worked. New Jersey made a request to New York that it take over the lifetime supervision imposed upon him. New York agreed, but required him, among other things to inform his employer of his conviction. M.F refused and decided not to relocate to New York. It brought an action against the New York Division of Parole, claiming that it had violated the Interstate Compact by placing requirements on him that would not be placed on a New York offender. The District Court granted summary judgment to New York, holding that M.F. had failed to show that a New York offender would have been treated differently. On appeal, M.F. argued that New York, on a motion for summary judgment, had the initial burden of showing that the same restriction would have been placed on a New York offender, and that because New York failed to make such a showing, an issue of material fact existed, precluding summary judgment. (M.F. also claimed for the first time that the District Court did not have jurisdiction over the action and requested that the Court remand the case to the District Court with instruction to dismiss the action so that M.F. could refile in state court.) The State on appeal claimed that the restrictions placed on M.F. were no different than those that could have been placed on a New York offender. It also argued, for the first time, that the Interstate Compact created no private right of action. The Second Circuit affirmed. First, the Court held that the District Court did have jurisdiction to hear the action. The Court then held that the Interstate Compact did not create a private right of action, so that even if the State had violated the Interstate Compact, M.F. had no remedy under it to bring an action for damages. The decision can be found here.

Comments: Post a Comment

This page is powered by Blogger. Isn't yours?