United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jago v. Van Curen, 454 U.S. 14 (1981)

Jago v. Van Curen

No. 81942

Decided November 9, 1981

454 U.S. 14

Syllabus

Held: The Due Process Clause of the Fourteenth Amendment was not violated by the Ohio Adult Parole Authority's rescission, without a hearing, of its decision to grant respondent early parole. The rescission, which occurred before respondent was released, resulted from the Authority's having learned that respondent had made false statements in an interview conducted before the decision to grant parole and in his proposed parole plan. After conceding that Ohio law created no protected "liberty" interest in early parole, the Court of Appeals erred in concluding that a liberty interest arose from the "mutually explicit understandings" of the parties, and that the rescission without a hearing thus violated due process. The "mutually explicit understandings" language of Perry v. Sindermann, 408 U. S. 593, relied on by the Court of Appeals, relates to the Fourteenth Amendment's protection of "property" interests, rather than "liberty" interests such as that asserted by respondent. Cf. Connecticut Board of Pardons v. Dumschat, 452 U. S. 458.

Certiorari granted; 641 F.2d 411, reversed.