Rufus Lee Averhart v. Albert Tutsie, Parole Board Chairman

SPRECHER, Circuit Judge.

The primary issues raised in this appeal are (1) whether the Due Process Clause of the Fourteenth Amendment mandates more stringent procedures for parole release determinations than those followed by the Indiana Parole Board, and (2) whether the Indiana Administrative Adjudication Act (A.A.A.), Ind.Code § 4-22-1-1, et seq., applies to Parole Board proceedings. We hold that neither the Due Process Clause nor the Indiana A.A.A. applies to parole release determinations by the Indiana Parole Board.

I

Plaintiff, Rufus Averhart, is presently incarcerated in the Indiana State…