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Domka v. Portage County, Wisconsin

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ARGUED FEBRUARY 14, 2008

Before MANION, ROVNER and WILLIAMS, Circuit Judges.

As a result of James Domka’s plea bargain following his third-offense arrest for driving under the influence, his sentence included work-release privileges (known in Wisconsin as “Huber privileges”) and the opportunity to serve the majority of his jail time at home under Portage County’s Home Detention Program (“HDP”). While under the HDP, Domka registered a positive alcohol reading on a Sobrietor, an alcohol breath-test machine connected to the Sheriff’s Department through Domka’s phone line. Domka’s Huber privileges and participation in the HDP were then revoked and he was required to serve his remaining time in jail. Domka filed suit against Portage County under 42 U.S.C. § 1983, alleging that he had constitutionally protected liberty interests in his Huber privileges and the HDP and that, in violation of the Fourteenth Amendment, he was deprived of these without the requisite procedural due process. The district court found that Domka had waived any constitutionally required due process rights he may have had, and granted Portage County’s motion for summary judgment. We agree with the district court and affirm its decision.

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