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SULTENFUSS v. SNOW

No. 91-8002.

35 F.3d 1494 (1994)

Stephen SULTENFUSS, Plaintiff-Appellant, Charles McMulling, et al., Plaintiffs, v. Wayne SNOW, Jr., James T. Morris, Mobley Howell, Michael H. Wing, Bettye O. Hutchings, Michael J. Bowers, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 5, 1994.

Attorney(s) appearing for the Case

Stephen G. Sultenfuss, Anna Maria, FL, Jill A. Pryor, Bondurant Mixon & Elmore, Atlanta, GA, for appellant.

David A. Webster, Sumner & Hewes, Atlanta, GA, for amicus — ACLU of Ga.

Michael J. Bowers, Atty. Gen., Daryl Alan Robinson, Terry L. Long, Atlanta, GA, for appellees.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and CLARK, Senior Circuit Judge.

BIRCH, Circuit Judge:

In this case, we must decide whether the current Georgia parole system, as embodied in the Georgia Constitution, the Georgia statutes, and the rules and guidelines promulgated pursuant to the statutes, creates a liberty interest in parole protected by the Due Process Clause of the Fourteenth Amendment. The district court found no protected liberty interest, and we affirm.

I. BACKGROUND

A. The Georgia Parole Guidelines System...

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