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UNITED STATES v. IRVING

No. 81-2653.

684 F.2d 494 (1982)

UNITED STATES of America ex rel. Monty POWELL, Plaintiff-Appellee, v. James IRVING, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 1982.

Rehearing Denied August 17, 1982.

Attorney(s) appearing for the Case

Michael V. Accettura, Asst. Atty. Gen., Springfield, Ill., for defendants-appellants.

James E. Tancula, Senior Law Student, Mandel Legal Aid Clinic, for plaintiff-appellee.

Before PELL, BAUER and ESCHBACH, Circuit Judges.

BAUER, Circuit Judge.

This case of first impression in this Circuit raises the important question whether state parole board officials reviewing parole applications enjoy absolute immunity from 42 U.S.C. § 1983 damage actions. The district court ruled that they do not. Defendants-appellants, past and present members of the Illinois Prisoner Review Board (Board), sought permission to perfect an interlocutory appeal to...

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