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GASCA v. PRECYTHE

No. 20-3447.

83 F.4th 705 (2023)

Stephanie GASCA; Mildred Curren; Kenneth Hemphill; Jesse Neely; Amber Wyse; Timothy Gallagher; Solomon Warren, Plaintiffs-Appellees, v. Anne L. PRECYTHE, in her official capacity, Director of the Missouri Department of Corrections; Kenneth Jones, in his official capacity, Chairman of the Missouri Division of Probation and Parole; Jennifer Zamkus, in her official capacity, Vice Chair 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, in his 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; Paul Fitzwater, in his official capacity, Member of the Missouri Board of Probation and Parole, Defendants-Appellants

United States Court of Appeals, Eighth Circuit.

Filed: October 5, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Jesus Armando Osete , former AAG, of Jefferson City, MO.

Counsel who presented argument on behalf of the appellees and appeared on the brief was Amy Elizabeth Breihan , of Saint Louis, MO. The following attorney(s) also appeared on the appellees brief; Omri Praiss , of Saint Louis, MO, William Patrick Mobley , of Saint Louis, MO.

Before COLLOTON, GRASZ, and KOBES, Circuit Judges.

Parolees sued the Missouri Department of Corrections (MDOC), claiming that its parole revocation system violated the Due Process Clause. Recognizing the system's flaws, MDOC rewrote its policies and consented to summary judgment. Later, MDOC moved to dismiss for failure to join a required party—the Missouri Public Defender...

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