BURNETTE v. FAHEY

No. 11-1324.

687 F.3d 171 (2012)

Sharon BURNETTE; Pamela K. Burroughs; Frank Carter, Jr.; Edward Conquest; Donald W. Hoffman; Monty King, formerly known as Imond Monty Hicks; Larry Macon; Marvin McClain; Benjamin Purdue, Jr.; Henry Stump; Barbara Tabor, Suing on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Helen F. FAHEY, In her capacity as Chair of the Virginia Parole Board; Carol Ann Sievers, In her capacity as Vice-Chair of the Virginia Parole Board; Jackie T. Stump, In his capacity as a Member of the Virginia Parole Board; Michael M. Hawes, In his capacity as a Member of the Virginia Parole Board; Rudolph C. McCollum, Jr., In his capacity as a Member of the Virginia Parole Board, Defendants-Appellees, Steven Wayne Goodman, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 9, 2012.


Attorney(s) appearing for the Case

ARGUED: Stephen Atherton Northup , Troutman Sanders, LLP, Richmond, Virginia, for Appellants. Earle Duncan Getchell, Jr. , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Robert A. Angle , Robert M. Luck, III , Troutman Sanders, LLP, Richmond, Virginia; Abigail Turner , Alex R. Gulotta , Gail Starling Marshall , Legal Aid Justice Center, Charlottesville, Virginia, for Appellants. Kenneth T. Cuccinelli, II , Attorney General of Virginia, Stephen R. McCullough , Senior Appellate Counsel, Charles E. James, Jr. , Chief Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. Steven W. Goodman , Dillwyn, Virginia, Amicus Curiae for Appellants.

Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge NIEMEYER concurred. Judge GREGORY wrote a dissenting opinion.


OPINION

FLOYD, Circuit Judge:

Appellants (the Inmates), eleven inmates in the custody of the Virginia Department of Corrections (DOC), brought this action against members of the Virginia Parole Board (the Board) in their official capacities. The Inmates contend that the Board has adopted policies and procedures with respect to parole-eligible inmates imprisoned for violent offenses that violate the Due Process and...

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