Ali v. Hubbard ( 1997 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT







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        No. 97-1047



                                    YUSUF M. ALI,



                                Plaintiff, Appellant,



                                          v.



                               SHEILA HUBBARD, ET AL.,



                                Defendants, Appellees.

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                   [Hon. Reginald C. Lindsay, U.S. District Judge]
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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



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                                        Before



                                Torruella, Chief Judge,
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                           Stahl and Lynch, Circuit Judges.
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            Yusuf M. Ali on brief pro se.
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            Scott  Harshbarger,  Attorney  General  and   Susanne  G.  Levsen,
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        Assistant Attorney General, on brief for appellees.

            Brian W. Brady and Gillespie & Associates on brief for  appellees,
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        John Chapman and Harry Collins.

            Roger  H. Randall  and Law  Offices of Bruce  R. Fox on  brief for
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        appellee Barbara Quinn.





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                                   August 27, 1997

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                 Per Curiam.   Plaintiff/appellant  Yusuf M.  Ali appeals
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            the dismissal of his federal  civil rights claims arising out



            of the revocation of his parole in 1994.  We affirm.



                 Only  one of  Ali's  claims merits  extended discussion.



            Ali claims that  defendant parole board members  violated his



            right to  due process  when they failed  to disclose  to him,



            during his parole revocation hearing, the actual documents on



            which they based their decision.  Assuming arguendo that such
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            a failure to disclose is  a violation of federal due process,



            see United  States ex rel.  Carson v. Taylor, 540  F.2d 1156,
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            1161-63 (2d  Cir. 1976);  see also  Morrissey v.  Brewer, 408
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            U.S. 471, 489 (1972) (due process requires "disclosure to the



            parolee  of evidence against him"), we nevertheless find that



            Ali's claim was properly dismissed.



                 "[A] state prisoner's claim for damages [and declaratory



            relief]  is not  cognizable  under  42 U.S.C.     1983 if  'a



            judgment  in favor of  the plaintiff would  necessarily imply



            the invalidity  of his  conviction or  sentence,' unless  the



            prisoner  can demonstrate that the conviction or sentence has



            previously  been invalidated."  Edwards v. Balisok, 117 S.Ct.
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            1584, 1585 (1997)  (quoting Heck v.  Humphrey, 512 U.S.  477,
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            487  (1994)).   This  is  true  not  only when  the  prisoner



            challenges the judgment as a substantive matter but also when



            he challenges "procedures . .  . such as necessarily to imply



            the invalidity  of  the judgment."    Id.   at  1587.    This
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            principle applies  to prison  disciplinary hearings,  id., as
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            well as to  revocation and denials of  parole, Butterfield v.
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            Bail,  1997 WL  414250 (9th  Cir. July  25, 1997)  (denial of
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            parole); Littles  v. Board  of Pardons  and Paroles  Div., 68
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            F.3d 122, 123 (5th cir. 1995) (revocation of parole); Schafer
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            v.  Moore, 46  F.3d  43,  44-45 (8th  Cir.  1995) (denial  of
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            parole).



                 Ali  claims  that,  "because the  evidence  used  by the



            hearing panel was withheld from him, .  . . he was denied the



            opportunity  to meet  the case  against  him in  a meaningful



            manner and was thus wrongfully condemned to reincarceration."



            Appellant's Brief at 12.  Thus, a judgment in favor of  Ali's



            due  process claim would "necessarily imply the invalidity of



            [the revocation of his parole]."   Heck 512 U.S. at 487;  see
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            also DeWitt v.  Ventetoulo, 6 F.3d 32, 36-37  (1st Cir. 1993)
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            (granting habeas  relief to  prisoner whose  parole had  been



            revoked in  violation of due process), cert. denied, 511 U.S.
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            1032 (1994).   Since Ali has not shown that the revocation of



            his parole has  been invalidated, his claim for  monetary and



            declaratory  relief must be dismissed.  See Butterfield, 1997
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            WL 414250 (no  cognizable claim under    1983 where  prisoner



            alleged  that defendants violated  his due process  rights in



            finding  him  ineligible  parole on  the  basis  of incorrect



            information); Stone-Bey v.  Barnes, 1997 WL 409423  (7th Cir.
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            July  22, 1997) (claim  that due  process rights  of prisoner







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            were  violated   because  record   was  devoid   of  evidence



            supporting disciplinary action barred by Balisok).
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                 As  to  Ali's other  federal  and state  law  claims, we



            affirm the dismissal essentially for the reasons given by the



            district court in its memorandum and order, dated January 26,



            1996.



                 Affirmed.
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