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GRAHAM v. BOWEN

Civ. A. No. H-84-3451.

648 F.Supp. 298 (1986)

Franklin F. GRAHAM, et al., Plaintiffs, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, S.D. Texas, Houston Division.

October 29, 1986.

Attorney(s) appearing for the Case

John S. Applegate, Covington & Burling, Robert N. Sayler, William F. Greaney, Alvin J. Bronstein, Steven Ney, National Prison Project of the American Civil Liberties Union Foundation, Washington, D.C., Stefan Presser, Texas Civil Liberties Union Foundation, Houston, Tex., for plaintiffs.

Wendy Kloner, Dept. of Justice, Civil Div., Sheila Lieber, Washington, D.C., Samuel Longoria, Asst. U.S. Atty., Houston, Tex., for defendant.

MEMORANDUM

HUGHES, District Judge.

This suit challenges the constitutionality of a section of the Social Security program that denies retirement benefits to imprisoned felons. The plaintiffs attack the section on the grounds that it denies them equal protection of the laws and that it is an ex post facto law. The challenge is denied.

1. The Statute.

[N]o monthly benefits shall be paid ... to any individual ... confined in...

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