No. 18-387

Ben Gary Triestman v. Barbara D. Underwood, Attorney General of New York

Lower Court: Second Circuit
Docketed: 2018-09-26
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process federal-jurisdiction habeas-corpus in-custody liberty-restraint liberty-restraints order-of-protection restraint-of-liberty risk-of-incarceration standing state-court-orders supreme-court-precedent
Latest Conference: 2018-10-26
Question Presented (from Petition)

Where a state court order of protection that imposes severe constraints upon a non-incarcerated person's physical liberty and civil freedoms, and where he suffers "restraints not shared by the public generally" that equal or exceed the restraints held to be "in-custody" in Jones v. Cunningham, 371 U.S. 236 (1963) and Hensley v. Municipal Court, 411 U.S. 345 (1973):

Does a federal district court have jurisdiction to entertain a habeas corpus petition and recognize such person as "in custody pursuant to the judgment of a State court" under 28 U. S. C. §2254(a)?

Did the Appellate Court erroneously construe the scope of the habeas "in custody" element to apply only when a petitioner is legally compelled to act in constraint of his liberty? Or does the "in custody" scope also apply where a petitioner is legally restrained from acting in constraint of his liberty?

Does the risk of arrest and detention pursuant to an unknowing or unintentional violation of said order of protection, implicate a cognizable risk of loss of liberty, regardless of eventual exoneration of the violation?

Question Presented (AI Summary)

Triestman v. Underwood

Docket Entries

2018-10-29
Petition DENIED.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-01
Waiver of right of respondent Barbara D. Underwood to respond filed.
2018-08-13
Petition for a writ of certiorari filed. (Response due October 26, 2018)

Attorneys

Barbara D. Underwood
Lisa Ellen FleischmannNYS Attorney General's Office, Respondent
Ben Gary Triestman
Ben Gary Triestman — Petitioner