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Keywords

leaseclass actionparoledue processparole board

leaseclass actionparoledue process

Related Cases

Greenholtz v. Inmates of Neb. Penal Corr. Complex

Facts

Inmates of the Nebraska Penal and Correctional Complex brought a class action under 42 U.S.C. 1983 claiming that they had been unconstitutionally denied parole by the Board of Parole. The procedures used by the Board to determine whether to grant or deny discretionary parole arise partly from statutory provisions and partly from the Board's practices. The district court held that the procedures used by the Parole Board did not satisfy due process, concluding that the inmate had a constitutionally protected 'conditional liberty' interest.

Inmates of the Nebraska Penal and Correctional Complex brought a class action under 42 U.S.C. 1983 claiming that they had been unconstitutionally denied parole by the Board of Parole.

Issue

Whether the Due Process Clause of the Fourteenth Amendment applies to discretionary parole-release determinations made by the Nebraska Board of Parole, and whether the procedures the Board currently provides meet constitutional requirements.

Whether the Due Process Clause of the Fourteenth Amendment applies to discretionary parole-release determinations made by the Nebraska Board of Parole, and, if so, whether the procedures the Board currently provides meet constitutional requirements.

Rule

The Due Process Clause applies when government action deprives a person of liberty or property; to obtain a protectible right, a person must have more than an abstract need or desire for it; they must have a legitimate claim of entitlement to it.

The Due Process Clause applies when government action deprives a person of liberty or property; accordingly, when there is a claimed denial of due process we have inquired into the nature of the individual's claimed interest.

Analysis

The Court determined that the inmates did not have a constitutionally protected liberty interest in an initial grant of parole. It distinguished between the deprivation of a liberty one has, as in parole revocation, and the denial of a conditional liberty that one desires. The Court concluded that the procedures in effect afforded the inmate an opportunity to be heard and informed the inmate in what respects he fell short of qualifying for parole, thus satisfying constitutional due process requirements.

Conclusion

The Supreme Court reversed the appellate court's judgment in favor of the inmates and remanded for further proceedings, holding that the inmates did not have a constitutionally protected liberty interest in an initial grant of parole.

Who won?

The Nebraska Board of Parole prevailed in the case because the Supreme Court found that the inmates did not possess a constitutionally protected liberty interest in parole, and the existing procedures met due process requirements.

The Nebraska Board of Parole prevailed in the case because the Supreme Court found that the inmates did not possess a constitutionally protected liberty interest in parole.

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