United States Sixth Circuit

In a class action lawsuit under 42 U.S.C. section 1983 brought by inmates against the Michigan Parole Board and the Director of the Michigan of Corrections claiming that changes to Michigan's parole laws in 1992 and 1999, as implemented and applied retroactively to their parole review, violate the Ex Post Facto and Due Process Clauses, judgment of the district court is reversed for the most part and affirmed in part where: 1) summary judgment is reversed and permanent injunction is vacated on the ex post facto claim as plaintiffs have not shown that they face a significant risk of increased punishment as a result of the challenged statutory changes to Michigan's parole process rather than as a result of the new Board's legitimate exercise of discretion in a way that results in fewer paroles; and 2) plaintiffs' due process claim was properly dismissed as prisoners have no constitutionally protected liberty interest in parole.

Appellate Information

• Argued 11/03/2009
• Decided 02/18/2010
• Published 02/18/2010

Judges

• Before KENNEDY and ROGERS, Circuit Judges; HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Kevin R. Himebaugh, Office of the Michigan Attorney General, Lansing, Michigan, for Defendants. Paul D. Reingold, Michigan Clinical Law Program, Ann Arbor, Michigan, for Plaintiffs. ON BRIEF:Kevin R. Himebaugh, Office of the Michigan Attorney General, Lansing, Michigan, for Defendants. Paul D. Reingold, Michigan Clinical Law Program, Ann Arbor, Michigan, for Plaintiffs.