No. 18-5583

Stephen Brian Turner v. Melody Smith, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment absolute-immunity civil-rights due-process fourteenth-amendment immunity judicial-review parole parole-conditions quasi-judicial-role right-to-marry standing
Key Terms:
DueProcess FirstAmendment CriminalProcedure
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether parole conditions can prohibit the fundamental right to marry

Question Presented (from Petition)

QUESTIONS PRESENTED Petitioner is a parolee subject to a parole condition prohibiting him from associating with his own fiancée. In Morrissey v. Brewer, 408 U.S. 471 (1972), this Court provided for a hearing to determine the factual basis for parole violations. The Ninth Circuit Court of Appeals has now effectively decided that claims stemming from parole violations are not subject to judicial review. Specifically, the Ninth Circuit found that, in enforcing parole decisions, parole enforcement officers are acting in a quasijudicial role requisite to absolute immunity. This Court should grant the Petition for Writ of Certiorari because the Court now needs to provide clarity on the judicial review of challenges to parole policies. QUESTIONS PRESENTED 1. Whether, despite federal laws stemming from the Fourteenth Amendment which grant prisoners the right to marry, it 1s constitutionally permissible to impose parole conditions that deny a parolee the right to marry. 2. Whether granting parole officers absolute immunity effectively removes judicial review. ‘

Docket Entries

2018-10-09
Petition DENIED. Justice Breyer and Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondents Melody Smith, et al. to respond filed.
2018-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2018)

Attorneys

Melody Smith, et al.
Alicia Anne BowerCalifornia Department of Justice, Office of the Attorney General, Respondent
Alicia Anne BowerCalifornia Department of Justice, Office of the Attorney General, Respondent
Stephen Turner
Gregory Scott WalstonThe Walston Law Group, Petitioner
Gregory Scott WalstonThe Walston Law Group, Petitioner