Legal Opinion · Dissent

John H. Block v. Edwin Potter

Court of Appeals for the Third Circuit

Decided September 30, 1980No. 80-1621Published

1DissentSeitz, Chief Judge

I cannot join the majority for several reasons. First, I would dismiss Block’s due process claims because prisoners do not have a sufficient liberty interest in parole merely because the state has created a discretionary parole system, and the Virgin Islands Parole Statute, 5 V.I.C. § 4604 (1967), does not create a legitimate expectation of parole under Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex, 442 U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979). Second, although I fully agree that race is an impermissible basis for parole denial, the district court did not address this…

2Cases cited13 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. Dandridge v. WilliamsSupreme Court of the United States · 1970
  4. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  5. Moore v. City of East ClevelandSupreme Court of the United States · 1977

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