Sherman P. Hawkins v. Henry Risley, Warden, Montana State Prison
Opinion
Opinion
Sherman Hawkins appeals the dismissal of his 42 U.S.C. § 1983 action against several officials of the State of Montana. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
I.
Montana police arrested Sherman Hawkins while he was on work furlough from a life sentence for murder; during processing, Hawkins attacked an officer and fled to Arizona. After he was apprehended and returned to the Montana State Prison, Hawkins was informed of his statutory right to an on-site furlough revocation hearing and told that the charges against him could result in revocation of his work furlough. Hawkins waived his right to an on-site hearing, and the Board of Pardons revoked his furlough after a “due process hearing” at which Hawkins appeared and participated without counsel.
On June 23, 1987, Hawkins filed this action seeking damages under 42 U.S.C. § 1983 from the State of Montana and eleven individual defendants associated with the Board of Pardons and the Montana prison system for violations of his right to an on-site hearing, his right to have counsel at the hearing, his right against unlawful arrest, and his rights under the Uniform Criminal Extradition Act.