GANZ v. BENSINGER

No. 72-1627.

480 F.2d 88 (1973)

Otto GANZ, in behalf of himself and all persons similarly situated, Plaintiff-Appellant. v. Peter B. BENSINGER, Individually, and as Director of Illinois Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 11, 1973.

Rehearing Denied July 16, 1973.


Attorney(s) appearing for the Case

Elwood T. Olsen, Chicago, Ill., for plaintiff-appellant.

William J. Scott, Atty. Gen., James B. Zagel, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before SWYGERT, Chief Judge, and CUMMINGS and STEVENS, Circuit Judges.


STEVENS, Circuit Judge.

Plaintiff asks us to decide that indigent inmates of the Illinois State Penitentiary have a constitutional right to appointed counsel at parole release hearings. He relies on the Sixth Amendment and on the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Prescinding the policy arguments which the General Assembly or the Governor of Illinois may find persuasive, we hold, in agreement...

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