PECK v. BATTEY

No. 82-1897.

721 F.2d 1157 (1983)

Sylvester PECK, Appellant, v. Richard BATTEY, Individually, as Chairman of Board, and Members, Milton Kuhl, Arthur L. Canary and Harold Shunk, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Richard L. Johnson, Sioux Falls, S.D., for appellant.

David O. Carter, Swanson, Carter & Dow, Sioux Falls, S.D., for appellees.

Before BRIGHT, JOHN R. GIBSON and FAGG, Circuit Judges.


FAGG, Circuit Judge.

Sylvester Peck, an inmate at the South Dakota State Penitentiary, claims he was denied due process by the South Dakota Board of Pardons and Paroles when the Board failed to provide him with reasons for the denial of his requests for commutation of sentence and for parole. The district court granted the Board's motion for summary judgment after concluding that (1) the South Dakota statute authorizing a commutation of sentence does not give rise...

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