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ELLARD v. ALABAMA BD. OF PARDONS AND PAROLES

No. 86-7438.

824 F.2d 937 (1987)

Richard Mark ELLARD, Petitioner-Appellant, v. ALABAMA BOARD OF PARDONS AND PAROLES; Ealon M. Lambert, John Thomas Porter, and Ray Morrow, members of the Board of Pardons and Paroles of the State of Alabama; and State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 24, 1987.

Attorney(s) appearing for the Case

Ralph I. Knowles, Drake, Knowles & Pierce, Tuscaloosa, Ala., for petitioner-appellant.

Donald Siegelman, Atty. Gen., The Alabama State House, Montgomery, Ala., Joseph G.L. Marston, III, Asst. Atty. Gen., Sydney Albert Smith, Alabama Board of Pardons & Paroles, Montgomery, Ala., for respondents-appellees.

Before FAY and KRAVITCH, Circuit Judges, and MORGAN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 24, 1987.

KRAVITCH, Circuit Judge:

At issue in this appeal is whether a prisoner who has been paroled by one state directly into the custody of another state has a constitutionally protected liberty interest in the first state's grant of parole. The district court concluded that, because such a prisoner has not been released into society, the grant of parole does not create a liberty interest protected by the...

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