Anthony McClendon EL v. Heidi E. Washington, Warden, et al.

Ann Arbor, Michigan civil rights lawyer presented the Plaintiff on prisoner civil rights violation theory.



Michigan prison officials have recommended that Anthony McClendon participate in a prison program designed for sex offenders to deter their sexual abuse. McClendon refuses to participate. So Michigan's parole board has repeatedly denied him parole. In this case, we must consider whether the recommendation to complete the sex-offender program or the resulting denials of parole deprived McClendon of "liberty” "without due process of law” under the Fourteenth Amendment. We hold that McClendon's due-process claim fails because he has not identified a cognizable "liberty” interest. He does not have a liberty interest in avoiding the "sex offender” label alone. Nor does he have a liberty interest in obtaining parole under Michigan's discretionary system. And at least because he has committed a sex offense in the past, he also does not have a liberty interest in avoiding the requirement to complete a sex-offender program as a condition of parole.

Summary judgment affirmed.