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BARGE v. PENN. BD. OF PROBATION AND PAROLE

No. 149 M.D. 2011

39 A.3d 530 (2012)

Samuel BARGE, Timothy Helsel, Peter Rackley, Joseph Hartdegen, Juan Lopez, Clyde Phillips, and Gregory Moore, Petitioners v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Catherine C. McVey, Chairman, Pennsylvania Department of Corrections, and John E. Wetzel, Secretary, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 2, 2012.

Attorney(s) appearing for the Case

Donald Driscoll and Marybeth Walsh , Pittsburgh, for petitioners.

Chad L. Allensworth , Assistant Counsel, Harrisburgh, Travis S. Anderson , Assistant Counsel and Debra Sue Rand , Assistant Counsel, Mechanicsburg, for respondents.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge SIMPSON.

Petitioners, who are current or former state correctional inmates1 accused or convicted of sex offenses, and who were granted parole, but were denied release to community corrections centers (CCCs), filed suit in our original jurisdiction. Petitioners challenge the policies and practices of the Pennsylvania Board of Probation and Parole (Board) and the Department of Corrections (DOC) in the parole release process...

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