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JIMENEZ v. CONRAD

No. 11-1180.

678 F.3d 44 (2012)

Rolando JIMENEZ, Plaintiff, Appellant, v. Mark CONRAD, Doris Dottridge, Candace Kochin, Laticia Munoz, Pamela Lombardini, and Thomas Merigan, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 2, 2012.

Attorney(s) appearing for the Case

Thomas More Dickinson , with whom Law Office of Thomas M. Dickinson was on brief, for appellant.

Jennifer L. Sullivan , Assistant Attorney General, with whom Martha Coakley , Attorney General, was on brief, for appellees.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

SOUTER, Associate Justice.

In 1982, a Massachusetts jury found Rolando Jimenez guilty of the parolable offense of second degree murder for killing a police officer, simultaneously acquitting him of murder in the first degree, conviction of which would have carried no possibility of parole. The Massachusetts Parole Board denied his parole applications in 1999, 2004, and 2009, and he then brought this action under 42 U.S.C. § 1983 for declaratory and injunctive...

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