OFFICE OF PROSECUTING ATTORNEY v. PRECYTHE

No. 19-2910, No. 19-3019.

14 F.4th 808 (2021)

OFFICE OF the PROSECUTING ATTORNEY, FOR ST. LOUIS COUNTY, Movant Norman Brown; Ralph McElroy; Sidney C. Roberts; Theron Roland, also known as Theron "Pete" Roland, Plaintiffs-Appellees v. Anne L. PRECYTHE, in her official capacity, Director of Missouri Department of Corrections; Kenneth Jones, in his official capacity, Chairman of the Missouri Board of Probation and Parole; Jim Wells, in his official capacity, Member of the Missouri Board of Probation and Parole; Martin Rucker, in his official capacity, Member of the Missouri Board of Probation and Parole; Ellis McSwain, Jr., in his official capacity, Member of the Missouri Board of Probation and Parole; Don Ruzicka, in his official capacity, Member of the Missouri Board of Probation and Parole; Jennifer Zamkus, in her official capacity, Member of the Missouri Board of Probation and Parole; Gary Dusenberg, in his official capacity, Member of the Missouri Board of Probation and Parole, Defendants-Appellants Current and Former State Prosecutors, State Attorneys General, DOJ Officials, U.S. Attorneys, and Former Corrections Directors; NAACP Legal Defense and Educational Fund, Inc.; Juvenile Law Center; Children and Family Justice Center; Fred T. Korematsu Center for Law and Equality; American Academy of Child and Adolescent Psychiatry; Individual Mental Health Professionals; The Campaign for the Fair Sentencing of Youth; National Association for Public Defense, Amici on Behalf of Appellee(s) Office of the Prosecuting Attorney, for St. Louis County, Movant Norman Brown; Ralph McElroy; Sidney C. Roberts; Theron Roland, also known as Theron "Pete" Roland, Plaintiffs-Appellants v. Anne L. Precythe, in her official capacity, Director of Missouri Department of Corrections; Kenneth Jones, in his official capacity, Chairman of the Missouri Board of Probation and Parole; Jim Wells, in his official capacity, Member of the Missouri Board of Probation and Parole; Martin Rucker, in his official capacity, Member of the Missouri Board of Probation and Parole; Ellis McSwain, Jr., in his official capacity, Member of the Missouri Board of Probation and Parole; Don Ruzicka, in his official capacity, Member of the Missouri Board of Probation and Parole; Jennifer Zamkus, in her official capacity, Member of the Missouri Board of Probation and Parole; Gary Dusenberg, in his official capacity, Member of the Missouri Board of Probation and Parole, Defendants-Appellees Children and Family Justice Center; Current and Former State Prosecutors, State Attorneys General, DOJ Officials, U.S. Attorneys, and Former Corrections Directors; Fred T. Korematsu Center for Law and Equality; Juvenile Law Center; The Campaign for the Fair Sentencing of Youth, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2021.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross appellees and appeared on the brief, was Andrew Crane , AAG, of Jefferson City, MO.

Counsel who presented argument on behalf of the appellees/cross appellants and appeared on the brief, was Amy E. Breihan , of Saint Louis, MO. The following attorney(s) also appeared on the brief; Denyse L. Jones , of Saint Louis, MO., Matthew D. Knepper , of Saint Louis, MO., Megan G. Crane , of Saint Louis, MO., Jordan T. Ault , of Jefferson City, MO., Sarah L. Zimmerman , of Saint Louis, MO.

The following attorney(s) appeared on the amicus brief of NAACP Legal Defense and Educational Fund, Inc.; Sherrilyn A. Ifill , of New York, NY., Daniel S. Harawa , of St. Louis, MO., Samuel Spital , of New York, NY.

The following attorney(s) appeared on the amicus brief of Children and Family Justice Center, Fred T. Korematsu Center for Law and Equality and Juvenile Law Center; Marsha L. Levick , of Philadelphia, PA., Riya Saha Shah , of Philadelphia, PA., Benjamin G. Bradshaw , of Washington, DC., Kimberly Cullen , of Washington, DC., Scott Harman-Heath , of Washington, DC., Desirae Krislie C. Tongco , of New York, NY.

The following attorney(s) appeared on the amicus brief of Current and Former State Prosecutors, State Attorneys General, DOJ Officials, U.S. Attorneys, and Former Corrections Directors; Joseph C. Welling , of St. Louis, MO., John R. Mills , of Oakland, CA., Jennifer Merrigan , of Philadelphia, PA.

The following attorney(s) appeared on the amicus brief of The Campaign for the Fair Sentencing of Youth; Rebecca Turner , of Washington, DC., Brendan Krasinski , of Atlanta, GA., Jody Rhodes , of Atlanta, GA., Chelsea Dal Corso , of Atlanta, GA., Erin Johnson , of Atlanta, GA.

The following attorney(s) appeared on the amicus brief of American Academy of Child and Adolescent Psychiatry and Individual Mental Health Professionals; Bradley M. Bakker , of St. Louis, MQ., Gillian R. Wilcox , of Kansas City, MO., Anthony E. Rothert , of St. Louis, MO., Kayla DeLoach , of St. Louis, MO., Jessie Steffan , of St. Louis, MO.

The following attorney(s) appeared on the amicus brief of National Association for Public Defense; Bram Elias , of Iowa City, IA., John Allen , of Iowa City, IA.

Before COLLOTON, ARNOLD, and KELLY, Circuit Judges.


This appeal arises from a constitutional challenge to Missouri's remedial parole review process for individuals sentenced to mandatory life without the possibility of parole for homicide offenses committed as juveniles. The plaintiffs, a class of Missouri inmates who were sentenced to mandatory life without parole for such...

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