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PLYLER v. MOORE

No. 96-7689.

129 F.3d 728 (1997)

Harry Allen PLYLER, et al., Petitioners-Appellees, v. Michael W. MOORE, Director, South Carolina Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1997.

Attorney(s) appearing for the Case

ARGUED: Kenneth Paul Woodington, Senior Assistant Attorney General, Columbia, SC, for Appellant. W. Gaston Fairey, Fairey, Parise & Mills, P.A., Columbia, SC, for Appellees. ON BRIEF: Charles Molony Condon, Attorney General, Treva Ashworth, Deputy Attorney General, Columbia, SC; Larry C. Batson, General Counsel, South Carolina Department of Corrections, Columbia, SC, for Appellant. Rochelle Romosca McKim, Fairey, Parise & Mills, P.A., Columbia, SC; Elizabeth Alexander, National Prison Project, American Civil Liberties Union, Washington, DC; Stephen B. Bright, Southern Center for Human Rights, Atlanta, GA, for Appellees.

Before RUSSELL and WILKINS, Circuit Judges, and OSTEEN, United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge RUSSELL and Judge OSTEEN joined.

OPINION

WILKINS, Circuit Judge:

In 1981, the General Assembly of South Carolina provided for a supervised furlough program for prisoners; however, inmates who had committed specified crimes were excluded from participation in the program. See S.C.Code Ann. § 24-13-710 (Law.Co-op. Supp.1981).1 Two...

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