Altizer v. Paderick
Altizer v. Paderick
Opinion of the Court
The appellant a state prisoner, complains that his removal as an inmate counselor by the prison officials, without a fact finding hearing, was violative of his due process rights. The district court dismissed his action and we affirm.
It is well settled that federal courts do not occupy “the role of super wardens of state penal institutions” (Cooper v. Riddle (4th Cir. 1976) 540 F.2d 731, 732), and “do not sit to supervise state prisons” (Meachum v. Fano (1976) 427 U.S. 215, 229, 96 S.Ct. 2532, 2540, 49 L.Ed.2d 451). In
The judgment of the district court is accordingly
AFFIRMED.
. Note 8:
“Nor do we think the situation is substantially different because a record will be made of the transfer and the reasons which underlay it, thus perhaps affecting the future conditions of confinement, including the possibilities of parole. The granting of parole has itself not yet been deemed a function to which due process requirements are applicable. See Scott v. Kentucky Parole Board, No. 74-6438, cert. granted 1975, 423 U.S. 1031, [96 S.Ct. 561, 46 L.Ed.2d 404.] If such holding eventuates, it will be time enough to consider respondents’ contentions that there is unfounded information contained in their files.”
Reference
- Full Case Name
- Frank Ervin ALTIZER, Jr. v. E. L. PADERICK, Individually and as Superintendent, Virginia State Penitentiary, etc., W. M. Riddle, Individually and as Assistant Superintendent, Virginia State Penitentiary, etc., D. R. Lawson, Individually and as Corrections Officer, Virginia State Penitentiary, etc., H. L. Campbell, Individually and as Corrections Officer, Virginia State Penitentiary, etc., and Corrections Officer Stoufer, Individually and as Corrections Officer, Virginia State Penitentiary, etc.
- Cited By
- 67 cases
- Status
- Published