Scott v. Kentucky Parole Board

Background

A Kentucky prisoner, Ewell Scott, sued the Kentucky Parole Board after he was denied parole in November 1973. He said the Board denied him basic procedural safeguards and asked a court to require better parole hearing procedures and to represent similarly situated prisoners. The District Court dismissed the case and the Court of Appeals affirmed. After the Supreme Court granted review, Scott was paroled in November 1975.

Reasoning

The central question was whether parole denial or the imposition of parole conditions must be preceded by constitutional procedural protections. The Supreme Court did not answer that question on the merits. Instead, in a brief per curiam order the Court vacated the Court of Appeals’ judgment and remanded the case so the appeals court can consider whether the case has become moot now that Scott was paroled. The Court therefore left the underlying constitutional issue unresolved.

Real world impact

Because the Court remanded rather than deciding the merits, questions about what procedures parole boards must follow remain unsettled. Parole boards, prisoners, and lower courts will still face uncertainty about required protections at release hearings. The case may be dismissed as moot if a court finds Scott’s parole eliminates his legal interest, and any final ruling on procedures could be delayed.

Dissents or concurrances

Justice Stevens, joined by two colleagues, dissented. He argued the case is not moot because Scott remains under close supervision with restrictive conditions and the Court should decide the important and recurring constitutional question now.