context: The plaintiff contends that a liberty interest in his continued participation in the work release program arises directly under the Due Process Clause. According to the plaintiff, his participation in the work release program can be analogized to other conditional restrictions imposed upon a prisoner's freedom -- such as parole, probation and conditional release programs -- the revocation of which have been held to be protected by the Due Process Clause of its own force.
citation_a.signal: see
citation_a.identifier: 908 F.2d 299, 302
citation_a.parenthetical: revocation of participation in program bearing many of the same characteristics as parole
citation_a.sentence: See, e.g., Gagnon v. Scarpelli, 411 U.S. 778, 782, 93 S.Ct. 1756, 1760, 36 L.Ed.2d 656 (1973) (revocation of probation status); Morrissey v. Brewer, 408 U.S. 471, 482, 92 S.Ct. 2593, 2601, 33 L.Ed.2d 484 (1972) (revocation of parole); Edwards v. Lockhart, 908 F.2d 299, 302 (8th Cir.1990) (revocation of participation in program bearing many of the same characteristics as parole); see also Harper v. Young, 64 F.3d 563, 566-67 (10th Cir.1995) (“[A] prisoner release program which permits a convict to exist, albeit conditionally, in society on a full-time basis more closely resembles parole or probation than even the more permissive forms of institutional confinement.”), petition for cert. filed, No. 95-1598 (U.S. Apr. 4, 1996); United States v. Stephenson, 928 F.2d 728, 732 (6th Cir.1991) (finding inherent liberty interest in continued placement in supervised release program that allowed convicts to live in society).
citation_b.signal: see also
citation_b.identifier: 928 F.2d 728, 732
citation_b.parenthetical: finding inherent liberty interest in continued placement in supervised release program that allowed convicts to live in society
citation_b.sentence: See, e.g., Gagnon v. Scarpelli, 411 U.S. 778, 782, 93 S.Ct. 1756, 1760, 36 L.Ed.2d 656 (1973) (revocation of probation status); Morrissey v. Brewer, 408 U.S. 471, 482, 92 S.Ct. 2593, 2601, 33 L.Ed.2d 484 (1972) (revocation of parole); Edwards v. Lockhart, 908 F.2d 299, 302 (8th Cir.1990) (revocation of participation in program bearing many of the same characteristics as parole); see also Harper v. Young, 64 F.3d 563, 566-67 (10th Cir.1995) (“[A] prisoner release program which permits a convict to exist, albeit conditionally, in society on a full-time basis more closely resembles parole or probation than even the more permissive forms of institutional confinement.”), petition for cert. filed, No. 95-1598 (U.S. Apr. 4, 1996); United States v. Stephenson, 928 F.2d 728, 732 (6th Cir.1991) (finding inherent liberty interest in continued placement in supervised release program that allowed convicts to live in society).