ALLEN v. BOARD OF PARDONS

No. 85-3600.

792 F.2d 1404 (1986)

George ALLEN and Dale Jacobsen, on their own behalf and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. BOARD OF PARDONS; Henry E. Burgess, Chairman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1986.


Attorney(s) appearing for the Case

Stephen L. Pevar, Denver, Colo., for plaintiffs-appellants.

Clay R. Smith, Asst. Atty. Gen., Helena, Mont., for defendants-appellees.

Before SNEED, SCHROEDER, and BRUNETTI, Circuit Judges.


SCHROEDER, Circuit Judge.

The appellants seek to maintain a class action under 42 U.S.C. § 1983 on behalf of "all present and future inmates of the Montana State Prison who are now or may become eligible for parole." They seek to show that the Montana Board of Pardons is failing to use proper standards for determining parole eligibility and thereby denying prisoners due process of law as guaranteed by the fourteenth amendment of the Constitution.

Appellants...

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