United States Fourth Circuit

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Burnette v. Fahey, 11-1324

In an action by eleven inmates in the custody of the Virginia Department of Corrections (DOC) against members of the Virginia Parole Board in their official capacities, alleging the Board has adopted policies and procedures with respect to parole-eligible inmates imprisoned for violent offenses that violate the Due Process and Ex Post Facto Clauses of the US Constitution, specifically an unwritten policy of denying parole to persons incarcerated for violent offenses, the District Court's dismissal of the complaint is affirmed where it fails to set forth sufficient facts to establish a plausible entitlement to relief under either a Due Process or Ex Post Facto theory.

Appellate Information

  • Decided 07/09/2012
  • Published 07/09/2012




  • United States Fourth Circuit


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