SCHWINDLING v. SMITH

No. 84-2491.

777 F.2d 431 (1985)

David SCHWINDLING, Appellant, v. Melba SMITH, Records Supervisor, Cummins Unit; Steve Clark, Attorney General, State of Arkansas, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1985.


Attorney(s) appearing for the Case

Pat Harris, Little Rock, Ark., for appellant.

Randel Miller, Asst. Atty. Gen., Little Rock, Ark., for appellees.

Before ARNOLD and WOLLMAN, Circuit Judges, and REGAN, Senior District Judge.


ARNOLD, Circuit Judge.

This is an action under 42 U.S.C. § 1983 brought by a prison inmate, David Schwindling, to challenge the validity under the Due Process Clause of the Fourteenth Amendment of Act 93 of 1977, Ark.Stat.Ann. §§ 43 — 2828-30. The effect of the challenged Act, in Schwindling's case, is to lengthen the time before he will be eligible for parole because he is a fourth offender, having been convicted three times of felonies before...

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