METHENY v. HAMMONDS

No. 99-10646.

216 F.3d 1307 (2000)

Willis L. METHENY, on behalf of himself and all other members of his class, Edward Lang, on behalf of himself and all other members of his class, et al., Plaintiffs-Appellees, v. Garfield HAMMONDS, Jr., Chairman of the Georgia State Board of Pardons and Paroles and in his official capacity, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 7, 2000.


Attorney(s) appearing for the Case

Neal Bradley Childers, Georgia Dept. of Law, Atlanta, GA, for Defendant-Appellant.

Stephen B. Bright, Atlanta, GA, for Plaintiffs-Appellees.

Before EDMONDSON and MARCUS, Circuit Judges, and STROM, District Judge.


EDMONDSON, Circuit Judge:

Plaintiffs, inmates sentenced under Georgia's recidivist statute, O.C.G.A. § 17-10-7(c), brought a section 1983 suit alleging that the Georgia parole board's decision to eliminate Plaintiffs' parole eligibility violated the Ex Post Facto Clause, and alternatively, the Due Process Clause. The magistrate judge granted summary judgment for Plaintiffs. We vacate and remand.

BACKGROUND

Plaintiffs are four Georgia...

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