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WALKER v. LUTHER

Nos. 730, 731. Dockets 86-2342, 86-2356.

830 F.2d 1208 (1987)

Melvin T. WALKER, Plaintiff-Appellee, v. Dennis M. LUTHER, Warden, Daniel R. Lopez, Regional Commissioner, and United States Parole Commission, Defendants-Appellants. Louis BOLDEN, Jr., Plaintiff-Appellee, v. Dennis M. LUTHER, Warden, Daniel R. Lopez, Regional Commissioner, and United States Parole Commission, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 6, 1987.

Attorney(s) appearing for the Case

Barry K. Stevens, Asst. U.S. Atty., D. Conn., Bridgeport, Conn. (Stanley A. Twardy, Jr., U.S. Atty., D. Conn., New Haven, Conn., of counsel), for defendants-appellants.

Joan C. Harrington, Bridgeport, Conn. (Koskoff, Koskoff & Bieder, P.C., Bridgeport, Conn., of counsel), for plaintiffs-appellees.

John L. Pottenger, Jr., New Haven, Conn. (Stephen Wizner, Miriam Berkman, Mary A. McCarthy, Sally Zanger, Robert A. Solomon, Jerome N. Frank Legal Services Organization, New Haven, Conn., James B. Henly, Yale Law School Student Intern, of counsel) filed a brief for amicus curiae, Jerome N. Frank Legal Services Organization.

Before NEWMAN, CARDAMONE, and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

The question presented on the appeal is whether a prisoner should have his term of confinement determined by two separate parole authorities simultaneously exercising parole power over him. From the standpoint of parole fairness — which is Congress' purpose — this is not a situation where two heads are better than one. Instead, release rules that are reasonably expected to be consistently applied become confounded. Here the...

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