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FRANKLIN v. SHIELDS

Nos. 75-2056, 75-2057 and 75-2167.

569 F.2d 784 (1977)

Lynell FRANKLIN, Charles Jones, Lawrence Wilson, and Charles R. Vette, Appellants, v. Pleasant C. SHIELDS, Morris L. Ridley, W. K. Cunningham, Margaret Davis, N. W. Perdue, Appellees. Lynell FRANKLIN, Charles Jones, Lawrence Wilson, and Charles R. Vette, Appellees, v. Pleasant C. SHIELDS, Morris L. Ridley, W. K. Cunningham, Margaret Davis, N. W. Perdue, Appellants. Lee Royal WILLIAMS, Appellee, v. VIRGINIA PROBATION AND PAROLE BOARD, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1977.

Upon Rehearing January 3, 1978.

Certiorari Denied April 24, 1978.

Attorney(s) appearing for the Case

Stephen A. Saltzburg, Charlottesville, Va. [court-assigned counsel] for appellants in 75-2056 and appellees in 75-2057.

Michael Woodward, Third Year Law Student (Michael E. Geltner, New York City [court-assigned counsel] on brief), for appellee in 75-2167.

Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va. and (Andrew P. Miller, Atty. Gen. of Va., Richmond, Va., on brief), for appellants in 75-2057 and 75-2167 and appellees in 75-2056.

Before WINTER and BUTZNER, Circuit Judges, and FIELD, Senior Circuit Judge.

Upon Rehearing En Banc January 3, 1978.

BUTZNER, Circuit Judge:

On appeal, the Virginia Probation and Parole Board challenges the district court's ruling that the fourteenth amendment's due process clause applies to parole release proceedings. We affirm. Both the Board and the prisoners question the specific procedural safeguards which the court found were constitutionally required in such proceedings. With respect to these, we affirm in part, reverse in part...

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