Jennings v. Owens
District Court, W.D. Texas · 2008-12-12 · cited 2×
The case involved a Texas inmate convicted in 1989 of debit card abuse (enhanced by a prior 1979 aggravated kidnapping conviction involving a child) who challenged the 2005 imposition of special sex-offender parole conditions without prior notice or hearing. These conditions required sex-offender treatment, barred relationships with anyone having minor children, and prohibited computer use. The plaintiff sued state parole officials under 42 U.S.C. § 1983, claiming a violation of procedural due process. The court analyzed whether the conditions implicated a protected liberty interest and applied the Mathews v. Eldridge balancing test to evaluate the process due. It held that notice and an opportunity to respond were required before the conditions could be imposed.