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FAHEEM-EL v. KLINCAR

No. 85-3008.

814 F.2d 461 (1987)

Kareem FAHEEM-EL, on his own behalf and on behalf of all others similarly situated, Plaintiff-Appellee, v. Paul KLINCAR, Chairman, Illinois Prisoner Review Board, Michael Lane, Director, Illinois Department of Corrections, Harold Thomas, Superintendent, Adult Community Services, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 18, 1987.

As Amended May 8, 1987.

Attorney(s) appearing for the Case

Imela R. Terrazino, Office of Atty. Gen. of Ill., Chicago, Ill., for defendants-appellants.

Thomas Peters, Murphy Peters David & O'Brien, Chicago, Ill., for plaintiff-appellee.

Before CUMMINGS and CUDAHY, Circuit Judges, and GORDON, Senior District Judge.

CUMMINGS, Circuit Judge.

We are asked whether, consistent with the Due Process Clause of the Fourteenth Amendment, a state may deny every parolee who is arrested on a new criminal charge any consideration for release prior to the final revocation hearing. In Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 the Supreme Court decided that parolees have a significant...

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