Stephen Brian Turner v. Melody Smith, et al.
DueProcess FirstAmendment CriminalProcedure
Whether parole conditions can prohibit the fundamental right to marry
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. ‘