Robert John Morgan, for Himself and for All Others Similarly Situated v. Charles A. Wofford, as Judge of the Superior Court of Fulton County

TUTTLE, Circuit Judge:

This action attacks the constitutionality of a Georgia statute making monetary restitution to the victim by the convicted perpetrator of a crime a condition of probation.1 The challenges made are: (1) that the statute as applied by defendants violated the due process clause of the Fourteenth Amendment because no court hearing was held to determine the amount of restitution to be demanded of the probationer, and (2) that the statute on its face violates the equal protection clause of the Fourteenth Amendment because it calls for the revocation of probation for, and…