36. Release.

U.S. Appeals Court WORK RELEASE

Kitchen v. Upshaw, 286 F.3d 179 (4th Cir. 2002). A former jail inmate brought a [section] 1983 action against a regional jail authority and jail officials, alleging violation of his due process rights when he was not allowed to participate in a work release program. The district court granted summary judgment to the defendants and the appeals court affirmed. The appeals court held that the authority was not an arm of the state and was therefore not protected by Eleventh Amendment immunity. But the court held that the inmate did not have a liberty interest under state law in participating in a work release program that was protected by the due process clause. (Riverside Regional Jail, Virginia)

U.S. Appeals Court EQUAL PROTECTION PAROLE-GRANTING PLRA- Prison Litigation Reform Act

Thompson v. Davis, 295 F.3d 890 (9th Cir. 2002). A state prisoner who had a history of substance abuse brought an action for prospective injunctive relief against state parole officials, alleging that the parole authority followed an unwritten policy of automatically denying parole to prisoners with substance abuse histories, in violation of the American with Disabilities Act (ADA). The district court dismissed the action; the appeals court reversed and remanded. On remand the district court dismissed the action and the prisoner appealed. The appeals court reversed and remanded, finding that a parole board may not categorically exclude a class of disabled people from consideration for parole because of their disabilities, under the provisions of ADA. The court...