United States Eighth Circuit

In a 42 U.S.C. section 1983 action brought by an inmate serving a parolable life sentence for first-degree murder, summary judgment for defendant-state parole board is affirmed where: 1) there was no abuse of discretion in the grant of summary judgment based on the record before the district court; 2) the board's scheduling of plaintiff's reconsideration hearings at three-year intervals, as opposed to two-year, did not create a sufficient risk of increasing the length of his incarceration in violation of the ex post facto clause; and 3) due process and equal protection claims failed.

Appellate Information

• Decided 03/10/2008
• Published 03/10/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN and BENTON, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeanene Moenckmeier, argued, Hollywood, CA, for appellant.


• For Appellees:
  
• Emily Kalmer, AAG, argued, Jefferson City, MO, for appellee.