United States Eighth Circuit

In a prisoner's suit alleging that the Iowa Board of Parole, its members, and the governor of Iowa violated her constitutional rights by applying laws and regulations governing sentence commutation requests even though the laws were passed after her conviction, dismissal of the action for failure to state a claim is affirmed as any form of relief for plaintiff depends on a speculative, unpredictable, and wholly discretionary grant of clemency by the governor.

Appellate Information

• Decided 01/11/2008
• Published 01/11/2008

Judges

• MELLOY, Circuit Judge., Before MELLOY, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Barbara Bader Aldave, argued, Eugene OR (Marianne Dugan, on the brief), for appellant.


• For Appellees:
  
• John Robert Lindquist, Assistant Attorney General, argued, Des Moines, IA, for appellee.