AVERHART v. TUTSIE

No. 78-2621.

618 F.2d 479 (1980)

Rufus Lee AVERHART, Plaintiff-Appellant, v. Albert TUTSIE, Parole Board Chairman, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 1980.


Attorney(s) appearing for the Case

William E. Marsh, Legal Service Organization, Indianapolis, Ind., for plaintiff-appellant.

David A. Arthur, Asst. Atty. Gen., Indianapolis, Ind., for defendants-appellees.

Before SPRECHER and WOOD, Circuit Judges, and BUA, District Judge.


SPRECHER, Circuit Judge.

The primary issues raised in this appeal are (1) whether the Due Process Clause of the Fourteenth Amendment mandates more stringent procedures for parole release determinations than those followed by the Indiana Parole Board, and (2) whether the Indiana Administrative Adjudication Act (A.A.A.), Ind.Code § 4-22-1-1, et seq., applies to Parole Board proceedings. We hold that neither the Due Process Clause nor the Indiana A.A.A. applies...

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