Sidney R. Hertz, Appellant v. John MacOmber and Clifton Simons, Appellees

Summary

The court affirmed dismissal of Hertz's claims against DOC probation officers arising from the denial of discretionary furlough release. It held that DOC had statutory and regulatory authority to require appropriate furlough conditions, and that those conditions did not violate ex post facto, double-jeopardy, federal due process, or facial state due process protections. The court declined to consider Hertz's separate challenge to mandatory parole conditions because that issue was not properly before it.