Gary S. Mayes v. Nevin C. Trammell, Chairman, Board of Pardons & Paroles, and Members of the Tennessee Parole Board

ROSENN, Senior Circuit Judge.

This appeal presents the question of whether Tennessee’s parole scheme creates a liberty interest protected by the due process clause. The issue arises in connection with a claim filed pursuant to 42 U.S.C. § 1983. The complaint essentially consists of a challenge to the procedures utilized by the Tennessee Board of Parole at plaintiff’s parole hearing and, in connection therewith, alleges a deprivation of liberty without due process of law. The district court dismissed the complaint, holding that the Tennessee statute and rules do not create a liberty interest.…