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698 F.2d 360

Docket No. 82-1400.

Crenshaw v. Parratt

Eighth Circuit Court of Appeals

Submitted Jan. 14, 1983.

Decided Jan. 26, 1983.

Eighth Circuit Court of Appeals · decided 1983-01-26

Cited by 7 later decisions — most recently June 1996

5 federal appellate · 1 state decisions

2 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1983-01-26

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¶1*361Paul L. Douglas, Atty. Gen. of Neb., J. Kirk Brown, Asst. Atty. Gen., Lincoln, Neb., for appellees.

¶2Lindsey Miller-Lerman, Kutak, Rock & Huie, Omaha, Neb., for appellant.

¶3Before BRIGHT, ARNOLD and JOHN R. GIBSON, Circuit Judges.

¶4PER CURIAM.

¶5Willie Crenshaw brings this action for damages under 42 U.S.C. § 1983 against Robert Parratt, Warden of the Nebraska State Penitentiary. Crenshaw, formerly an inmate of the penitentiary, was scheduled for mandatory parole under Neb.Rev.Stat. § 83-1,111(5) on January 14,1979. Because he refused to sign a form consenting to the customary conditions of mandatory parole, and also refused to appear before the Parole Board, he was not released. The District Court1 granted the defendants’ motion for summary judgment. We affirm.

¶6We assume that plaintiff had a liberty interest of which the State could not deprive him without whatever process was due. The difficulty with plaintiff’s case is that he was not deprived of anything. This is not a case, properly understood, in which Crenshaw was denied parole. Rather, he was entitled to parole, the State offered him parole, and he would have received it simply by signing a form. The deprivation, if any, was self-inflicted. No one claims that the usual conditions of parole required by the State are invalid or improper, or that the State had power to waive those conditions.

¶7Perhaps Crenshaw did not understand the situation. Perhaps he thought (wrongly) that he had a legal right to unconditional release. In either event, the State did all it was required to do.

¶8Affirmed.

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