Bowling v. Director, Virginia Department of Corrections, No. 18-6170 (4th Cir. 2019)Annotate this Case
Petitioner filed suit challenging the Director's repeated denial of parole to petitioner. The district court granted the Director's motion to dismiss, holding that juvenile-specific Eighth Amendment protections do not apply to petitioner because he was sentenced to life with parole, and that the Parole Board procedures satisfied procedural due process requirements under the Fourteenth Amendment.
Reading petitioner's 28 U.S.C. 2254 petition as a 42 U.S.C. 1983 complaint, the Fourth Circuit declined to extend the Supreme Court's Eighth Amendment jurisprudence to juvenile parole proceedings and find that it is cruel and unusual punishment for a parole board to deny juvenile offenders parole without specifically considering age-related mitigating characteristics as a separate factor in the decisionmaking process. In regard to the Fourteenth Amendment claim, the court held that, although there was no constitutional or inherent right to parole proceedings, Virginia law gives rise to an expectation of parole proceedings that has created a liberty interest in parole consideration. The court held that, nevertheless, to satisfy the due process requirements triggered by this liberty interest, a parole board need only provide an offender an opportunity to be heard and a statement of reasons indicating why parole has been denied. In this case, petitioner's parole proceedings satisfied those requirements.