Edgar J. Bowser, III v. George A. Vose, Jr.

At issue here is whether a prison inmate’s wish to continue participating in the Massachusetts furlough program rises to the level of a Fourteenth Amendment liberty interest. The district court (adopting the report of a magistrate-judge) held that it does not, and that a decision to suspend an inmate from that program thus need not be accompanied by due process protections. We agree and therefore affirm the dismissal of plaintiff’s complaint under Fed.R.Civ.P. 12(b)(6).

I

The facts, drawn from plaintiff’s pro se complaint and construed in his favor, are straightforward. Since October 1976,…