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COOPER v. ARIZ. BD. OF PARDONS & PAROLES

No. 1 CA-CIV 7668.

149 Ariz. 227 (1985)

717 P.2d 906

Eugene COOPER, Raymond Allen, Wesley Ray Rasmussen, and William Lehman, individually and as representative of a class, Plaintiffs-Appellants, v. ARIZONA BOARD OF PARDONS AND PAROLES, State of Arizona, John J. Sloss, Richard M. Ortiz, Robert L. Araza, Patricia V. Gilbert and Arter L. Johnson, members of the Arizona Board of Pardons and Paroles, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

March 21, 1985.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Aileen A. Lee, Asst. Atty. Gen., Phoenix, for defendants-appellees.

Raymond Allen, Eugene Cooper, Wesley Ray Rasmussen, and William Lehman, in pro. per.

OPINION

GREER, Judge.

The issue in this case is whether the Arizona Board of Pardons and Paroles failed to comply with A.R.S. § 31-412(A) in denying parole to the plaintiff/appellants. The superior court granted the Board's motion to dismiss. We reverse and remand.

Appellants, inmates of the State Correctional Institution at Florence, filed suit in Maricopa County Superior Court, claiming that the Board failed to consider the statutory criterion...

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