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PLYLER v. EVATT

23484

305 S.C. 488 (1991)

409 S.E.2d 416

Harry PLYLER, for and on Behalf of the Plaintiff Class in Plyler, et al. v. Evatt, et al. United States District Court Number C/A 82-876-2, as their representative, Respondent v. Parker EVATT, Commissioner, South Carolina Department of Corrections, and Michael Cavanaugh, Commissioner, South Carolina Department of Probation, Parole and Pardon Services, Appellants.

Supreme Court of South Carolina.

Decided September 24, 1991.

Attorney(s) appearing for the Case

Attorney General T. Travis Medlock, Sr. Asst. Atty. Gen. Kenneth P. Woodington, Legal Advisor Larry C. Batson, of S.C. Dept. of Corrections, and Chief Legal Counsel Carl N. Lundberg, of S.C. Dept. of Probation, Parole and Pardon Services, Columbia, for appellants.

W. Gaston Fairey, Columbia, for respondent.

Heard July 1, 1991.

Decided Sept. 24, 1991.

GREGORY, Chief Justice:

This is an action for declaratory judgment seeking a judicial interpretation of S.C. Code Ann. §§ 24-13-710 and -720 (1989) concerning the eligibility of inmates for the supervised furlough program administered by appellants (Agencies). We affirm as modified.

Section 24-13-710 charges Agencies with the joint implementation of a supervised furlough program permitting...

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