Severino v. Negron, 996 F.2d 1439 (2d Cir. 1993). · Go Syfert
Severino v. Negron, 996 F.2d 1439 (2d Cir. 1993). Cases Citing This Book View Copy Cite
69 citation events (47 in the last 25 years) across 5 distinct courts.
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At page 1441 Eleventh Amendment barring suit against state officials42 citing cases[I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.31 citing courts put it this way · passage not found verbatim in the opinion (91%) · 41 listed here
  • Wells, No. 9:25-cv-01535 (N.D.N.Y. Jan. 13, 2026).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Doane v. Doe, No. 9:25-cv-00516 (N.D.N.Y. Aug. 20, 2025).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under § 1983] for money damages against state officials in their official capacities.)
  • Khan v. Martuscello, No. 9:25-cv-00382 (N.D.N.Y. Aug. 19, 2025).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Khan, No. 1:25-cv-07095 (S.D.N.Y. Aug. 19, 2025).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Mena v. State of New York, No. 9:24-cv-01145 (N.D.N.Y. June 10, 2025).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Cato v. Reardon, No. 9:22-cv-01173 (N.D.N.Y. Mar. 27, 2024).
    ([I]t is clear that the Eleventh Amendment does 9 not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Cox v. (DOCCS) NYS Dep't of Corr., No. 9:23-cv-00057 (N.D.N.Y. May 8, 2023).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Dean v. Annucci, No. 9:22-cv-00746, 2023 WL 2325074 (N.D.N.Y. Mar. 2, 2023).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Siano Enders v. Boone, 658 F. Supp. 3d 70 (N.D.N.Y. 2023).published
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Anthony v. Green, No. 9:22-cv-00113 (N.D.N.Y. Oct. 4, 2022).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
Show 31 more citing cases
  • Verdi v. Hla-pe-wjn, No. 9:22-cv-00825 (N.D.N.Y. Sept. 14, 2022).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Ramrattan v. State of New York, No. 9:22-cv-00025 (N.D.N.Y. Sept. 13, 2022).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Malek v. New York State Unified Court Sys., No. 1:22-cv-05416 (E.D.N.Y. Sept. 9, 2022).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Malek v. New York State Unified Court Sys., No. 1:21-cv-01230 (N.D.N.Y. Sept. 9, 2022).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Balentine v. Annucci, No. 9:21-cv-01383 (N.D.N.Y. June 7, 2022).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Green Haven Prison Preparative Meeting of the Religious Soc'y of Friends v. New York State Dep't of Corr. & Cmty. Supervision, No. 7:18-cv-08497 (S.D.N.Y. Mar. 28, 2022).
    ([I]t is clear that the Eleventh Amendment does not permit suit[s] [under § 1983] for money damages against state officials in their official capacities.)
  • Price v. Koenigsmann, No. 7:19-cv-04068-KMK (S.D.N.Y. Jan. 13, 2022).
    ([I]t is clear that the Eleventh Amendment does not permit suit[s] [under § 1983] for money damages against state officials in their official capacities.)
  • Bacon v. Evans, No. 7:20-cv-06337, 2021 WL 5643038 (S.D.N.Y. Dec. 1, 2021).
    ([I]t is clear that the Eleventh Amendment does not permit suit[s] [under § 1983] for money damages against state officials in their official capacities.)
  • Gunn v. Ayala, No. 7:20-cv-00840, 2021 WL 5647795 (S.D.N.Y. Dec. 1, 2021).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under § 1983] for money damages against state officials in their official capacities.)
  • Animashaun v. Toohill, No. 9:21-cv-00372 (N.D.N.Y. Nov. 18, 2021).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Tolbert v. Sullivan, No. 9:21-cv-00512 (N.D.N.Y. June 17, 2021).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under 7 Section 1983] for money damages against state officials in their official capacities.)
  • Delgado v. Annucci, No. 9:21-cv-00120 (N.D.N.Y. Mar. 15, 2021).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Cox v. Morley, No. 9:20-cv-01235, 2020 WL 6781522 (N.D.N.Y. Nov. 18, 2020).
    ([I]t is clear that the Eleventh Amendment does not 8 permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Jackson v. Acevedo, No. 9:20-cv-01092 (N.D.N.Y. Oct. 30, 2020).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Johnson v. Perez, No. 6:20-cv-06551 (W.D.N.Y. July 29, 2020).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under § 1983] for money damages against state officials in their official capacities.)
  • Johnson v. Brown, No. 9:20-cv-00622 (N.D.N.Y. July 29, 2020).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under § 1983] for money damages against state officials in their official capacities.)
  • Pena v. State of New York, No. 9:20-cv-00481 (N.D.N.Y. June 24, 2020).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Hill v. LaClair, No. 9:20-cv-00441, 2020 WL 2404771 (N.D.N.Y. May 11, 2020).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Animashaun v. Fischer, No. 9:19-cv-00820, 2020 WL 374578 (N.D.N.Y. Jan. 23, 2020).
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983] for money damages against state officials in their official capacities.)
  • Jackson v. Heer, 322 F. Supp. 3d 406 (W.D.N.Y. 2018).published
    ([I]t is clear that the Eleventh Amendment does not permit suit [under Section 1983 ] for money damages against state officials in their official capacities)
  • Torres v. New York State Dep't of Corr. & Cmty. Supervision, No. 9:20-cv-00301 (N.D.N.Y. Dec. 11, 2020).
    ([I]t is clear that the Eleventh Amendment does not permit suit . . . for money damages against state officials in their official capacities.” (citation omitted))
  • Andino v. Fischer, 698 F. Supp. 2d 362 (S.D.N.Y. 2010).published
    Verley, 2007 WL 2822199 at *8 (referencing Quern v. Jordan, 440 U.S. 332 , 99 S.Ct. 1139 , 59 L.Ed.2d 358 (1979)); Severino v. Negron, 996 F.2d 1439, 1441 (2d Cir.1993); see also Spencer v. Doe, 139 F.3d 107, 111 (2d Cir.1998) (“Neither a…
  • Aupperlee v. Coughlin, 97 F. Supp. 2d 336 (E.D.N.Y. 2000).published
    “defined by the state law that creates it”
  • Prue v. City of Syracuse, 26 F.3d 14 (2d Cir. 1994).published 2 cites
    For a legal rule to be "clearly established" at the time that an individual's right is allegedly violated, "[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates t…
  • Dobbin v. Artuz, 143 F. Supp. 2d 292 (S.D.N.Y. 2001).published
    See Severino v. Negron, 996 F.2d 1439, 1441 (2d Cir.1993); Dube v. State University of New York, 900 F.2d 587, 594 (2d Cir.1990).
  • Hilton v. Mahan, No. 9:23-cv-00209 (N.D.N.Y. Mar. 22, 2024).
    See Va. Off. for Prot. & Advoc. v. Stewart, 563 U.S. 247 , 252 (2011); see also Severino v. Negron, 996 F.2d 1439, 1441 (2d Cir. 1993). 8.
  • Valde-Cruz v. Russo, No. 7:20-cv-09240, 2024 WL 809903 (S.D.N.Y. Feb. 27, 2024).
    Dec. 1, 2021) (alterations adopted) (citation omitted) (quoting Dubarry, 2021 WL 3604756 , at *1); see also Severino v. Negron, 996 F.2d 1439, 1441 (2d Cir. 1993) (per curiam) (“[I]t is clear that the Eleventh Amendment does not permit sui…
  • Loving v. Superintendent, No. 7:20-cv-11135 (S.D.N.Y. July 27, 2022).
    “Because [Morton] is an employee of ‘DOCCS, which is an arm of the State of New York,’ Plaintiff’s claims for money damages against [him] in his official capacity must be dismissed.” Gunn, 2021 WL 5647795 , at *3 (some alterations omitted)…
  • Valde-Cruz v. Russo, No. 7:20-cv-09240 (S.D.N.Y. Mar. 15, 2022).
    Dec. 1, 2021) (alterations omitted) (quoting Dubarry, 2021 WL 3604756 , at *1); see also Severino v. Negron, 996 F.2d 1439, 1441 (2d Cir. 1993) (per curiam) (“[I]t is clear that the Eleventh Amendment does not permit suit [under § 1983] fo…
  • Young Ah Kim v. Marjorie L. Hurston, 182 F.3d 113 (2d Cir. 1999).published
    See Tracy v. Salamack, 572 F.2d 393, 395-96 (2d Cir. 1978); see also Severino v. Negron, 996 F.2d 1439, 1441 (2d Cir. 1993).
  • Kim v. Hurston, 182 F.3d 113 (2d Cir. 1999).published
    See Tracy v. Salamack, 572 F.2d 393, 395-96 (2d Cir.1978); see also Severino v. Negron, 996 F.2d 1439, 1441 (2d Cir.1993).
At page 1442 Establishing liberty interest in work release program participation4 citing cases[I]t has been clear since Tracy that a liberty interest exists [in an inmate’s continued participation] in a work release program.3 citing courts put it this way
  • Roucchio v. Coughlin, 923 F. Supp. 360 (E.D.N.Y. 1996).published
    ([I]t has been clear *376 since Tracy that a liberty interest exists [in an inmate’s continued participation] in a work release program-)
  • Quartararo v. Catterson, 917 F. Supp. 919 (E.D.N.Y. 1996).published 6 cites
    ([I]t has been clear since Tracy that a liberty interest exists [in an inmate’s continued participation] in a work release program....)
  • Hollingsworth v. Robinson, 901 F. Supp. 565 (E.D.N.Y. 1995).published 2 cites
    ([I]t has been clear since Tracy that a liberty interest exists [in an inmate’s continued participation] in a work release program.)
  • Roucchio v. Coughlin, 29 F. Supp. 2d 72 (E.D.N.Y. 1998).published 2 cites
    (granting the defendants qualified immunity because of the “fuzziness” of an inmate’s liberty interest in TWRP)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Victor Manuel SEVERINO
v.
Ismael NEGRON, Superintendent of the Edgecombe Correctional Facility, and Thomas A. Coughlin, III, Commissioner, Department of Correctional Services, in their official and individual capacities
No. 1441, Docket 92-2750.
Court of Appeals for the Second Circuit.
Jun 29, 1993.
Published opinion
996 F.2d 1439
1993 WL 240826
1993 U.S. App. LEXIS 15903
Peter Hirsch, New York City, for plaintiff-appellant., Edward J. Curtis, Jr., Asst. Atty. Gen., State of NY, New York City (Robert Abrams, Atty. Gen. of the State of NY, New York City, of counsel), for defendants-appel-lees.
Meskill, Motley, Walker.
Cited by 31 opinions  |  Published
2 passages pin-cited by 3 cases
Citer courts: Second Circuit (2) · W.D. New York (1)
PER CURIAM:

Appellant Victor Severino, a lawful resident alien, was sentenced to a term of two to six years in the custody of the New York Department of Correctional Services (DOCS) after his conviction for a drug violation. Sev-erino was at risk of deportation as a consequence of his conviction. The Immigration and Naturalization Service (INS) did not respond within thirty days to DOCS’s letter notice advising the INS of the conviction. If the INS had served a warrant against Sever-ino within that period, he would have been ineligible for admission into the work release program. N.Y.Comp.Codes R. & Regs. tit. 7, § 1900.4(c)(4)(i)(g) (1992). However, in the absence of such a warrant, the temporary release committee determined that Severino had met all of the “eligibility” requirements listed in N.Y.Comp.Codes R. & Regs. tit. 7, § 1900.4(c) (1992), and was therefore fit to enter a temporary work release program. By all accounts, he performed well in the program. Then, in December 1991, five months after it received notice of Severino’s conviction, the INS served a detainer and warrant on DOCS. Consequently, DOCS conducted a hearing at which officials asked Severino if he was the individual named in the warrant. No other questions were asked. As a result of Severino’s affirmative answer he was removed from the work release program. He since has been released from prison.

In his 42 U.S.C. § 1983 complaint, Severino claimed he was denied due process of law because he did not receive a fair hearing. Judge Edelstein, adopting the recommendations of Magistrate Judge Grubin, granted defendants’ motion for summary judgment and dismissed Severino’s complaint. The district court found that there was no violation of due process. We are in doubt about this due process holding but nevertheless affirm on a different basis. The only relief not mooted by Severino’s release from prison is his claim against appellee officials for money damages. We affirm because[*1441] we hold that the appellee officials are entitled to qualified immunity.

Severino contends that whether an immigration warrant against him was outstanding affects only his eligibility to enter into a work release program and does not bear on his removal from such a program. Instead, he argues, the removal criteria found in N.Y.Comp.Codes R. & Regs. tit. 7, § 1904.1 (1992) should have been applied and a much more thorough hearing should have been held. While neither side disputes that a prisoner obtains a liberty interest in a work release program, see Tracy v. Salamack, 572 F.2d 393, 395-96 (2d Cir.1978) (per curiam), the dimensions of such a liberty interest are defined by the state law that creates it, see Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972). It would be neither anomalous nor at all surprising if the state’s criteria, for denying someone the receipt of a liberty interest in the first place were easier to satisfy than its criteria for subsequently divesting an individual of that interest. As the Supreme Court has noted, “[t]here is a crucial distinction between being deprived of a liberty one has ... and being denied a conditional liberty that one desires.” Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, 442 U.S. 1, 9, 99 S.Ct. 2100, 2105, 60 L.Ed.2d 668 (1979).

Certainly if all that was required to remove an inmate from a work release program under the DOCS regulations was the existence of an immigration warrant against him, the cursory hearing held in this case would satisfy due process. However, if the existence of an immigration warrant is relevant only to determine eligibility to enter the work release program, then it is quite possible that appellant’s hearing was not sufficient.

Section 1900.4 is entitled “Procedures for temporary release committees when considering temporary release applications ” (emphasis added). Section (c) lists the eligibility requirements, including the nonexistence of an immigration warrant. By contrast, part 1904 is entitled “Removal From Temporary Release Program” (emphasis added). Section 1904.1 describes the conditions for the revocation of temporary release in broad subjective terms. An inmate may be removed from his program, for instance, if “[his] continued participation in a program of temporary release is inconsistent with the safety of the community.” N.Y.Comp.Codes R. & Regs. tit. 7, § 1904.1(b) (1992). Nothing in section 1904.1 suggests that the mere existence of an immigration warrant is sufficient to remove an inmate from a work release program.

Under the New York regulations, in order to remove a work release participant from his program, the appropriate official might well have to find that the subjective criteria in section 1904.1 have been met. The mere determination in a hearing that an immigration warrant is outstanding probably does not suffice; all relevant factors should be considered in order to make certain that the hearing is meaningful. See Morrissey v. Brewer, 408 U.S. 471, 487-88, 92 S.Ct. 2593, 2603, 33 L.Ed.2d 484 (1972). If we were to rule today on the due process question, we likely would hold that a violation has occurred. We believe it would greatly behoove DOCS to clarify its regulations in order to avoid any future confusion as to how much process is due.

We do not need to rule definitively on the constitutional question, however, because even if there were a violation of due process, the appellee officials would be protected by qualified immunity. While Severino is suing these officials in both their individual and official capacities, it is clear that the Eleventh Amendment does not permit suit in this case for money damages against state officials in their official capacities. See Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 464, 65 S.Ct. 347, 350, 89 L.Ed. 389 (1945). Therefore, Severino is confined to suing the officials in their individual capacities. But such officials are guaranteed immunity for violating an individual’s right unless “[t]he contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). As we have stated, “the boundaries of the supposed ‘right’ must be sufficiently[*1442] definite so that the official understood that his actions violated it or, in other words, that the unlawfulness of his action was evident.” Eng v. Coughlin, 858 F.2d 889, 895 (2d Cir.1988).

Although it has been clear since Tracy that a liberty interest exists in a work release program, we cannot say that the boundaries of that interest are drawn with such clarity that the officials here knew precisely what was required to remove an inmate from the program. The section entitled “eligibility” could reasonably be interpreted to apply to an inmate’s continuous eligibility, as both a magistrate judge and a district judge in this Circuit held. Although we might disagree with this holding, the very existence of a disagreement demonstrates the fuzziness of the boundaries of an inmate’s liberty interest in a temporary release program in New York. Moreover, we have not ruled on this question before, and the parties have not directed our attention to any New York cases that have settled the issue. Therefore, we hold that whether or not the appellee state officials violated Severino’s due process rights, they are immune from suit for money damages. We affirm on that basis.