Steven Sera v. Randy Zimmerman

Summary

The Eighth Circuit affirmed the dismissal of Steven Sera and the Sera Family Trust's due process claims against Arkansas corrections officials who twice denied Sera's parole plan based on false statements that his proposed residence was near a daycare. Applying de novo review of the Rule 12(b)(6) dismissal, the court held that Arkansas's discretionary parole statute creates no liberty interest in parole, and that neither alleged malice, conscience-shocking conduct, nor an analogy to evidence fabrication states a due process claim absent a protected liberty interest. Because there is no constitutional right to release before expiration of a valid sentence, the alleged misconduct by the parole officials did not violate the Due Process Clause.