In the Matter of Jack South v. New York State Division of Parole, 113811/07, Supreme Court, New York County

Nature of Claims: This Article 78 proceeding was brought by Kaye Scholer, LLP which appeared as pro bono counsel for petitioner at the request and with the assistance of the Prisoners' Rights Project and the Special Litigation Unit of the Criminal Defense Practice. The proceeding was a challenge to Mr. South's sixth parole denial, based on the failure of the State Parole Board to consider petitioner's exemplary record in the State prisons where he had served 19 years on a 8-to-life sentence. Hon. Emily Goodman ordered the Parole Board to provide a new hearing forthwith.

Current Status: The litigation is formally concluded. Several months later, after the hearing ordered by the Court, Mr. South was paroled to Federal custody. Day Pitney, LLP (where Mr. South's pro bono counsel moved from Kaye Scholer), together with the Prisoners' Rights Project and Special Litigation Unit, is preparing a habeas corpus petition to challenge the decision by the United States Parole Commission to hold him for violation of a 24-year old warrant.

Reported decisions: None.