Barnes v. Thompson

In Barnes v. Thompson, 159 Ore. App. 383, 387, 977 P.2d 431 (1999), the plaintiff argued that, because the Board improperly extended his projected parole release date by two years, he was subjected to the collateral consequence of a longer period of active supervision than would otherwise have been the case. The Court concluded that any such consequence was speculative because the Board had discretion, under the parole system, whether and when to change "an inmate from active to inactive status and thus relieve the inmate from several conditions of parole." Id. The necessary holding of Barnes was that no direct correlation existed between the length of the plaintiff's period of active supervision and the challenged action by the Board. Barnes, 159 Ore. App. at 385.