Legal Opinion
Joseph Menechino v. Russell G. Oswald, as Chairman of the New York State Board of Parole, New Yorkstate Board of Parole
Court of Appeals for the Second Circuit
Decided August 5, 1970No. 34665_1PublishedCited by 101 opinions
1Opinion of the Court
MANSFIELD, District Judge.
This appeal by a state prisoner from a judgment of the district court dismissing his complaint under the Federal Civil Rights Law, 42 U.S.C. § 1983, and the Declaratory Judgment Act, 28 U.S.C. § 2201, raises the question of whether a prisoner is entitled under the Fourteenth Amendment to procedural due process rights upon his being interviewed and considered by the New York State Board of Parole for release on parole before the termination of the sentence imposed by the court. For the reasons hereinafter stated we affirm the judgment below.
The essential facts are not…
2Cases cited45 opinions
- Goldberg v. KellySupreme Court of the United States · 1970
- In Re GAULTSupreme Court of the United States · 1967
- McMann v. RichardsonSupreme Court of the United States · 1970
- Williams v. New YorkSupreme Court of the United States · 1949
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
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3Cited by101 opinions
- Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
- Williams v. WardCourt of Appeals for the Second Circuit · 1977
- In Re SturmCalifornia Supreme Court · 1974
- Billiteri v. United States Board of ParoleCourt of Appeals for the Second Circuit · 1976
- People ex rel. Menechino v. WardenNew York Court of Appeals · 1971
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