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MOORE v. TARTLER

No. 92-1476.

986 F.2d 682 (1993)

Charles E. MOORE, # AM-2804 v. Hermann TARTLER, Board Secretary, Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole; John P. Showronski, Director, Division of Hearing Review; Chapel, Parole Agent; Dougherty, Parole Agent; Marshall, Parole Agent at Sci-Graterford; Donald T. Vaughn, Superintendent, at Sci-Graterford; E.C. Burke, Culinary Manager, at Sci-Graterford; Gandy, Doctor, at Sci-Graterford Charles Moore, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 1, 1993.

Attorney(s) appearing for the Case

Angus R. Love (Argued), Pennsylvania Institutional Law Project, Philadelphia, PA, for appellant.

Ernest D. Preate, Jr., Atty. Gen., Denise A. Kuhn (argued), Deputy Atty. Gen., Kate L. Mershimer, John G. Knorr, III, Office of Atty. Gen., of Pennsylvania, Philadelphia, PA, for appellees.

Before: MANSMANN and NYGAARD, Circuit Judges, and RODRIGUEZ, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

We are asked to decide whether a six month delay in an inmate's release from incarceration violates his eighth amendment right to be free from cruel and unusual punishment. Because we find that the delay did not result from deliberate indifference to the inmate's liberty interest by parole board officials, the eighth amendment was not violated. We, therefore, will affirm the judgment of the district court granting...

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