The Pennsylvania Commonwealth Court succinctly stated the issue: Whether substantial evidence supported the Parole Board’s conclusion that the plaintiff-parolee’s statement constituted assaultive behavior sufficient to rescind his automatic reparole. The plaintiff-parolee was in-and-out of custody for various parole violations. The Parole Board made a condition of his parole that he not commit an infraction involving assaultive behavior, but otherwise, he would be reparoled automatically in nine months. While in prison, he said, “If I see Corrections Officer Husick on the walkway, I’m going to punch him in his fucking mouth.” Based on that statement, the Board revoked his automatic reparole. The Commonwealth Court found the statement to be assaultive behavior and affirmed the Parole Board’s order.
