Opinion

Posey v. Brittain

Court
District Court, M.D. Pennsylvania
Filed
Sep 18, 2025
Cited by
0 cases
Authority
More cited than 39.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

AJANI POSEY, :

Petitioner : CIVIL ACTION NO. 1:25-615

v. :

(JUDGE MANNION)

KATHY BRITTAIN, et al., :

Respondents :

MEMORANDUM

Presently before the court is a pro se petition for writ of habeas corpus

filed pursuant to 28 U.S.C. §2254 to challenge a denial of parole. The petition

will be dismissed and a certificate of appealability will not issue.

I. BACKGROUND

Petitioner, Ajani Posey, is incarcerated in Camp Hill State Correctional

Institution (“SCI-Camp Hill”) pursuant to a Pennsylvania criminal conviction.

He brings the instant case under 28 U.S.C. §2254 to challenge the denial of

his parole in March 2025 by the Pennsylvania Parole Board. (Doc. 1). Posey

asserts that the denial of parole violated his constitutional right to due

process because the Parole Board based the denial on a disciplinary charge

for which he was acquitted and acted in retaliation for civil rights actions he

filed against prison officials. (Docs. 1-2).

Respondents responded to the petition on May 30, 2025. (Docs. 14-

15). Respondents argue that the petition should be dismissed both because

Posey failed to exhaust state court remedies and because he has not alleged

any nonconclusory facts showing that he is entitled to relief and therefore

fails to state a prima facie claim for habeas corpus relief. (Id.) Posey filed a

reply brief on June 18, 2025, making the petition ripe for review. (Doc. 17).

Posey has additionally filed a motion for sanctions and a motion for “judicial

notice.” (Docs. 18-19).

II. STANDARD OF REVIEW

A challenge to the denial of parole is cognizable under Section 2254.

Coady v. Vaughn, 251 F.3d 480, 486 (3d Cir. 2001). However, a federal

district court may not grant parole or determine parole eligibility. Billiteri v.

U.S. Bd. of Parole, 541 F.2d 938, 944 (2d Cir. 1976). “The only remedy which

the court can give is to order the Board to correct the abuses or wrongful

conduct within a fixed period of time, after which, in the case of non-

compliance, the court can grant the writ of habeas corpus and order the

prisoner discharged from custody.” Id.

III. DISCUSSION

“[T]here is no constitutional or inherent right of a convicted person to

be conditionally released before the expiration of a valid sentence,” nor has

the Commonwealth of Pennsylvania created such a right. Greenholtz v.

Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1, 7 (1979). Thus, because

the denial of parole “does not implicate any constitutionally [or state]

protected liberty interest,” the scope of federal judicial review of state parole

denials is limited. Diehl-Armstrong v. Pa. Bd. of Prob. & Parole, No. 13-CV-

2302, 2014 WL 1871509, at *5 (M.D. Pa. May 7, 2014). The federal court is

confined to reviewing the substance of the state parole decision to determine

whether the Parole Board exercised its authority in an arbitrary and

capricious, or constitutionally impermissible manner. Block v. Potter, 631

F.2d 233, 236 (3d Cir. 1980).

To show a violation of substantive due process, a habeas petitioner

must demonstrate that: (1) he was arbitrarily denied parole due to

impermissible reasons such as race, religion, or political beliefs, and/or (2)

the Parole Board failed to apply appropriate, rational criteria in reaching its

determination to deny parole. Id. “However, federal courts are not authorized

by the due process clause to second-guess parole boards and the

requirements of substantive due process are met if there is some basis for

the challenged decision.” Coady, 251 F.3d at 487. The “relevant level of

arbitrariness required to find a substantive due process violation involves not

merely action that is unreasonable, but, rather, something more egregious,

which we have termed at times ‘conscience shocking’ or ‘deliberately

indifferent.’” Hunterson v. DiSabato, 308 F.3d 236, 247 (3d Cir. 2002).

In this case, Posey seeks a writ of habeas corpus because the Parole

Board purportedly denied parole based on a disciplinary charge for which he

was acquitted and acted in retaliation for civil rights actions he filed against

prison officials. (Docs. 1-2). Respondents contend the petition should be

dismissed for failure to exhaust state court remedies and failure to state a

prima facie claim for habeas corpus relief. (Docs. 14-15).

At the outset, the court finds respondents’ exhaustion argument

unavailing. This court recently rejected an essentially identical argument for

failure to exhaust state court remedies in Mathis v. Rivello, No. 3:23-CV-225,

2025 WL 524301, at *7-8 (M.D. Pa. Feb. 18, 2025) (Mannion, J.). In Mathis,

the court held that Defoy v. McCullough, 393 F.3d 439, 445 (3d Cir. 2005),

remains good law and compels the conclusion that habeas petitioners

challenging the denial of parole are not required to exhaust remedies through

Pennsylvania state courts before they may file in federal court. Mathis, 2025

WL 524301, at *8. The court does not see any sound basis to reach a

contrary conclusion in this case and accordingly holds that dismissal of

Posey’s petition for failure to exhaust state court remedies is not warranted.

Turning to the merits, the court first finds no merit to petitioner’s

contention that he was denied parole based on disciplinary charges for which

he had been acquitted. The Parole Board’s written rationale for the denial of

parole states that it denied parole based on the level of risk Posey posed to

the community, his minimization of the seriousness of his criminal offenses

and the nature of the offenses, his refusal to accept responsibility for the

offenses, and the negative recommendation made by the prosecuting

attorney. (Doc. 15-6). The only mention of Posey’s disciplinary history states

that at petitioner’s next parole hearing—which is scheduled to occur in March

2026—“the board will review [his] file and consider . . . whether [he has]

maintained a clear conduct record.” (Id. at 2-3). There is simply no basis to

conclude that the board denied parole based on a disciplinary charge for

which Posey was acquitted, and he has offered nothing other than

speculation to the contrary.

The court similarly finds Posey’s argument that he was denied parole

in retaliation for filing civil suits unavailing. A petition for writ of habeas corpus

filed pursuant to 28 U.S.C. §2254 must “state the facts supporting each

ground.” Rule 2(c)(2), Rules Governing Section 2254 Cases, Following 28

U.S.C. §2254. A petition is subject to dismissal without an evidentiary

hearing if it offers nothing more than “bald assertions” and “conclusory

allegations.” Palmer v. Hendricks, 592 F.3d 386, 395 (3d. Cir. 2010) (quoting

Campbell v. Burris, 515 F.3d 172, 184 (3d Cir. 2008)). The petition must

present a prima facie claim for habeas corpus relief by making “sufficient

‘factual allegations, which, if true, would entitle the applicant to federal

habeas relief.’” Id. at 392 (quoting Schiro v. Landigan, 550 U.S. 465, 474

(2007). “[C]ourts are not bound to accept as true a legal conclusion couched

as a factual allegation.” Id. at 395 (quoting Bell Atl. Corp. v. Twombly, 550

U.S. 544, 555 (2007)).

In his petition and supporting brief, Posey asserts that the Parole Board

denied him parole in retaliation for various civil rights suits he filed against

prison officials, but he offers nothing other than speculation to establish that

there is a causal connection between his civil suits and the denial of his

parole. (See Doc. 2 at 3 (“With all of these matters pled it raises questions

as to if this parole denial was retaliation fo[r] filing civil rights suits.”). There

is no allegation in the complaint or the supporting brief that members of the

Parole Board were even aware of Posey’s civil suits. (See Docs. 1-2).

Posey appears to acknowledge the absence of factual allegations to

support his claim of retaliation, noting that “the record has to be developed

to see if the claims of retaliation have a factual basis.” (Id.) A petition for writ

of habeas corpus, however, must offer more than mere speculation in the

hopes of conducting a fishing expedition to determine whether there is a

“factual basis” for the petition’s claims. See Palmer, 592 F.3d at 395 (noting

that petition must make “sufficient ‘factual allegations, which, if true, would

entitle the applicant to federal habeas relief.’” (quoting Schiro, 550 U.S. at

474). Posey has not made any factual allegations to support his retaliation

claim. The proper course in this situation is not development of the record. It

is dismissal of the petition.1

IV. CONCLUSION

For the foregoing reasons, the court will dismiss the petition for writ of

habeas corpus. A certificate of appealability will not issue because no

reasonable jurist would disagree with this ruling or conclude that the issues

presented are adequate to deserve encouragement to proceed further. Buck

v. Davis, 580 U.S. 100, 115 (2017) (citing Miller-El v. Cockrell, 537 U.S. 322,

336 (2003)). An appropriate order shall issue.

s/ Malachy E. Mannion

Malachy E. Mannion

United States District Judge

Dated: September 18, 2025

25-615-01

1 Petitioner’s motion for sanctions and motion for judicial notice are

deemed withdrawn because petitioner did not file a brief in support of either

motion. See M.D. Pa. L.R. 7.5.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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