Knowlton Merritt v. John E. MacKey

I join only part IV, which affirms a portion of the district court judgment. I dissent from part II. I conclude that the majority incorrectly defines the interest which Merritt alleges is protected by the due process clauses, and applies Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981) (Parratt), without proper regard for its meaning or for its interpretation in our subsequent cases. I also conclude that Merritt's due process claim does not allege the deprivation of a protected interest and that, in any case, post-deprivation remedies would afford him due process. I…