FERNANDEZ-ROQUE v. SMITH

Civ. A. Nos. C81-1084A, C81-938A.

622 F.Supp. 887 (1985)

Rafael FERNANDEZ-ROQUE, et al., Petitioners, v. William French SMITH, et al., Respondents. Moises GARCIA-MIR, et al., Plaintiffs, v. William French SMITH, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

November 25, 1985.


Attorney(s) appearing for the Case

William C. Thompson, David Webster, Dale Schwartz, Myron Kramer, Deborah Ebel, and Kenneth Hindman, Atlanta, Ga., for plaintiffs.

Jack D. Novik and Burt Neuborne, New York City, for amicus American Civil Liberties Union.

Arthur C. Helton, New York City, for amicus Lawyers Committee for Intern. Human Rights.

Richard K. Willard, Acting Asst. Atty. Gen., Civ. Div., Washington, D.C., Larry D. Thompson, U.S. Atty., Atlanta, Ga., Lauri Steven Filppu, Washington, D.C., Barbara Tinsley, Sharon Douglas Stokes, Nina R. Hickson, Atlanta, Ga., David J. Kline, Washington, D.C., Madelyn E. Johnson, Washington, D.C., for defendants.


ORDER

SHOOB, District Judge.

In Fernandez-Roque v. Smith, 734 F.2d 576, 582 (11th Cir.1984), the Eleventh Circuit Court of Appeals rejected plaintiffs' claim to a constitutionally-protected liberty interest in parole arising from the due process clause of the United States Constitution (i.e., a "core" liberty interest). In that case, however, the court expressly reserved decision on two other issues raised by plaintiffs...

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