Second Circuit: Victory v. Pataki et al.

S1983 Due Process - Parole

Prison inmate with a parole release date has a cognizable liberty interest.

As challenge to tribunal's decision was only possible by contradicting prior unsworn testimony of its members, there was no impartial decisionmaker at the point of parole rescission.

Absolute immunity for quasijudicial officers of parole board does not extend to fabrication of evidence before the initiation of proceedings.

Genuine issues of material fact on merits - remand.

http://www.ca2.uscourts.gov/decisions/isysquery/5402e8be-d735-46ae-b512-f956299ada45/1/doc/13-3592_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5402e8be-d735-46ae-b512-f956299ada45/1/hilite/