SIMMONS v. BD. OF PROB. AND PAROLE ET AL.

No. 146 C.D. 1976.

33 Pa.Commw. 168 (1978)

William Tyrone Simmons, Plaintiff v. Board of Probation and Parole for The Commonwealth of Pennsylvania et al., Defendants.

Commonwealth Court of Pennsylvania.

January 3, 1978.


Attorney(s) appearing for the Case

Allan M. Tabas, for plaintiff.

Robert A. Greevy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for defendant.

Submitted on briefs, November 21, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DISALLE.


OPINION BY JUDGE ROGERS, January 3, 1978:

William Tyrone Simmons has sued the Board of Probation and Parole and the Board's Chairman in mandamus seeking an order that he be dismissed from custody or, in the alternative, that he be given credit for time served following certain Board hearings which he contends were illegally provided or conducted.1 The Board has filed a motion for summary judgment pursuant to Pa. R.C.P. No. 1035.

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