Anderson v. Winsett, No. 79-2014

CourtUnited States Supreme Court
Writing for the CourtWHITE
Citation449 U.S. 1093,101 S.Ct. 891,66 L.Ed.2d 822
Decision Date12 January 1981
Docket NumberNo. 79-2014
PartiesRaymond W. ANDERSON and Paul W. Keve v. Thomas H. WINSETT

449 U.S. 1093
101 S.Ct. 891
66 L.Ed.2d 822
Raymond W. ANDERSON and Paul W. Keve

v.

Thomas H. WINSETT

No. 79-2014

Supreme Court of the United States

January 12, 1981

On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit.

The motion of respondent for leave to proceed in forma pauperis is granted.

The petition for a writ of certiorari is denied.

Justice WHITE, with whom Justice REHNQUIST joins, dissenting.

In Greenholtz v. Nebraska Penal Inmates, 442 U.S. 1, 12, 99 S.Ct. 2100, 2106, 60 L.Ed.2d 698 (1979), we held that a Nebraska statute created an "expectancy of release [on parole]" that was "entitled to some measure of constitutional protection." The Nebraska statute provided in part:

"Whenever the Board of Parole considers the release of a committed offender who is eligible for release on parole, it shall order his release unless it is of the opinion that his release should be deferred because:

"(a) There is a substantial risk that he will not conform to the conditions of parole;

Page 1094

"(b) His release would depreciate the seriousness of his crime or promote disrespect for law;

"(c) His release would have a substantially adverse effect on institutional discipline; or

"(d) His continued correctional treatment, medical care, or vocational or other training in the facility will substantially enhance his capacity to lead a law-abiding life when released at a later date." 1

We emphasized that our decision rested on the "unique structure and language" of the Nebraska statute and cautioned that whether any other state statute created a liberty interest would have to be decided on a case-by-case basis. Id., at 12, 99 S.Ct., at 2106.

In this case respondent, a Delaware state prisoner, filed suit against petitioners, state prison officials, alleging that petitioners violated his due process rights when they denied him work release. The Court of Appeals for the Third Circuit examined the Delaware statutory provisions and regulations governing work release programs in light of Greenholtz and concluded that a liberty interest was implicated when respondent was denied work release. The court conceded that Delaware prison officials exercise substantial discretion in making work release decisions but concluded that their discretion is not unbounded. It determined that under Delaware law prison officials must exercise their discretion "consistently with the purpose and policy behind work...

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94 practice notes
  • Fain, In re, Cr. A019142
    • United States
    • California Court of Appeals
    • January 21, 1983
    ...dealt with at greater length in Winsett v. McGinnes (3d Cir.1980) (en banc) 617 F.2d 996, cert. den. sub nom. Anderson v. Winsett (1981) 449 U.S. 1093, 101 S.Ct. 891, 66 L.Ed.2d 822. There, Delaware prison officials, because of their fear of adverse public reaction and legislative reprisals......
  • Lucas v. Hodges, No. 83-1099
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 23, 1984
    ...68 L.Ed.2d 228 (1981); Winsett v. McGinnes, 617 F.2d 996, 1003-04 (3d Cir.1980) (en banc), cert. denied sub nom. Anderson v. Winsett, 449 U.S. 1093, 101 S.Ct. 891, 66 L.Ed.2d 822 (1981); Lokey v. Richardson, 600 F.2d 1265 (9th Cir.1979) (per curiam), cert. denied, 449 U.S. 884, 101 S.Ct. 23......
  • Lewy v. Southern Pacific Transp. Co., No. 84-6160
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 12, 1986
    ...that may give rise to an FELA action. Hendley v. Central of Georgia Railroad Co., 609 F.2d 1146, 1152-53 (5th Cir.1980), cert. denied, 449 U.S. 1093, 101 S.Ct. 890, 66 L.Ed.2d 822 (1981); accord Gonzalez, 773 F.2d at 641-42, 644-45; see Woodrum v. Southern Railway Co., 571 F.Supp. 352, 357-......
  • Jackson v. Consolidated Rail Corp., Nos. 82-2362
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • January 23, 1984
    ...The case most relevant to resolving this issue is Hendley v. Central of Georgia Railroad, 609 F.2d 1146 (5th Cir.1980), cert. denied, 449 U.S. 1093, 101 S.Ct. 890, 66 L.Ed.2d 822 (1981). Hendley brought suit to enjoin the railroad for which he worked from conducting a disciplinary hearing r......
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94 cases
  • Fain, In re, Cr. A019142
    • United States
    • California Court of Appeals
    • January 21, 1983
    ...dealt with at greater length in Winsett v. McGinnes (3d Cir.1980) (en banc) 617 F.2d 996, cert. den. sub nom. Anderson v. Winsett (1981) 449 U.S. 1093, 101 S.Ct. 891, 66 L.Ed.2d 822. There, Delaware prison officials, because of their fear of adverse public reaction and legislative reprisals......
  • Lucas v. Hodges, No. 83-1099
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 23, 1984
    ...68 L.Ed.2d 228 (1981); Winsett v. McGinnes, 617 F.2d 996, 1003-04 (3d Cir.1980) (en banc), cert. denied sub nom. Anderson v. Winsett, 449 U.S. 1093, 101 S.Ct. 891, 66 L.Ed.2d 822 (1981); Lokey v. Richardson, 600 F.2d 1265 (9th Cir.1979) (per curiam), cert. denied, 449 U.S. 884, 101 S.Ct. 23......
  • Lewy v. Southern Pacific Transp. Co., No. 84-6160
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 12, 1986
    ...that may give rise to an FELA action. Hendley v. Central of Georgia Railroad Co., 609 F.2d 1146, 1152-53 (5th Cir.1980), cert. denied, 449 U.S. 1093, 101 S.Ct. 890, 66 L.Ed.2d 822 (1981); accord Gonzalez, 773 F.2d at 641-42, 644-45; see Woodrum v. Southern Railway Co., 571 F.Supp. 352, 357-......
  • Jackson v. Consolidated Rail Corp., Nos. 82-2362
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • January 23, 1984
    ...The case most relevant to resolving this issue is Hendley v. Central of Georgia Railroad, 609 F.2d 1146 (5th Cir.1980), cert. denied, 449 U.S. 1093, 101 S.Ct. 890, 66 L.Ed.2d 822 (1981). Hendley brought suit to enjoin the railroad for which he worked from conducting a disciplinary hearing r......
  • Request a trial to view additional results

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