Hiatt v. Compagna, 178 F.2d 42 (5th Cir. 1949)

Circuit Court of Appeals, Fifth Circuit, decided 10 November 1949 before Judges Holmes, Waller and Sibley; opinion by Judge Sibley; rehearing denied 16 December 1949.

The court states that after the paroles of August 13, 1947 “Unfavorable newspaper publicity followed, and an investigation was had by a committee of Congress of the operations of the Parole Board and particularly of this case. The committee, however, reported, among other things, that the Board had agreed to take definite action by June 19, 1948, on the committee’s request that these paroles be revoked.” It records that “At the time of arrest each prisoner was notified in writing of the charges, three against Compagna and five against Gioe,” and that, as the men alleged in amended applications of September 20, 1948, two Board members heard them at Atlanta on September 8.

Holding that the men “knew the charges against them, and were given the ‘appearance’ which the statute says shall be afforded them,” the court ordered: “The judgments appealed from are reversed and the appellees are directed to be remanded to the custody of the Warden, with leave to the applicants, if so advised, to enlarge their pleadings so as to present, if they can, a case of total nullity of the orders revoking their paroles.”

Judge Waller dissented. He wrote that between parole and re-arrest the men “had committed no violation of the conditions of their parole,” and that “Neither newspapers, sub-committees, political repercussions, whims, or capriciousness, singly or collectively, without more, justifies the incarceration or re-incarceration of an individual.” The opinion names the Board chairman only as “Dr. Killinger.” The Supreme Court affirmed by an equally divided Court in 340 U.S. 880.