Damous Nettles v. Randy Grounds

BERZON, Circuit Judge,

joined by THOMAS, Chief Judge, and FLETCHER, MURGUIA, and NGUYEN, Circuit Judges, dissenting:

Damous Nettles was denied parole. He argues the parole board’s decision was based at least in part on a disciplinary proceeding in which he was denied due process. Today’s majority opinion responds that if Nettles were successful on his claim, it “would not necessarily lead to his immediate or earlier release from confínement,” because the parole board could deny him parole even without considering the disciplinary proceeding at issue. Pr. Op. at 935.1 The majority therefore…