United States ex rel. Johnson v. Chairman of New York State Board of Parole

I dissent.

Analysis of this case begins, and could very well end, with the excellent opinion of Judge Mansfield in Menechino v. Oswald, 430 F.2d 403 (2d Cir. 1970), cert. denied, 400 U.S. 1023 (1971). In Menechino plaintiff sought a variety of due process rights in parole hearings, including “specification of the grounds and underlying facts upon which the determination is based.” Id. at 404, 405. The district court granted summary judgment for the state, 311 F.Supp. 319 (S.D.N.Y.1970), and we affirmed without qualification. The majority now claims that the court in Menechino “gave no…