Qualified immunity does not shield a top correctional services official from suit over the unconstitutional practice of imposing post-release supervision on inmates without court action, the U.S. Court of Appeals for the Second Circuit has ruled.

The Second Circuit restored part of a dismissed lawsuit that accuses then-Department of Correctional Services Executive Deputy Commissioner and counsel Anthony Annucci of defying the circuit’s 2006 ruling in Earley v. Murray, 451 F.3d 71.