WILLIAMS v. MISSOURI BD. OF PROBATION AND PAROLE

Nos. 80-1728, 80-1788.

661 F.2d 697 (1981)

James E. WILLIAMS and Junior Theobald, Individually and on behalf of all other persons similarly situated, Appellants, v. MISSOURI BOARD OF PROBATION AND PAROLE, W. R. Vermillion, Chairman; F. N. Strum and Dick Moore, Members of the Board, Appellees. James E. WILLIAMS and Junior Theobald, Individually and on behalf of all other persons similarly situated, Appellees, v. MISSOURI BOARD OF PROBATION AND PAROLE, W. R. Vermillion, Chairman; F. N. Strum and Dick Moore, Members of the Board, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 9, 1981.


Attorney(s) appearing for the Case

Michael Thompson, argued, Ronald L. Roseman, Legal Aid of Western Mo., Kansas City, Mo., for Williams.

John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., argued, Jefferson City, Mo., for Missouri Bd. of Probation and Parole.

Before BRIGHT, HENLEY and ARNOLD, Circuit Judges.


HENLEY, Circuit Judge.

James E. Williams and Junior Theobald1 appeal the decision of the district court holding that the Missouri parole statute, Mo.Rev.Stat. § 549.261, does not create a protected liberty interest in release on parole. We reverse the judgment and remand the case to the district court.

Appellants brought this civil rights action, 42 U.S.C. § 1983, in March, 1974...

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