Simmons v. Board of Probation & Parole

Opinion by

Judge Rogers,

William Tyrone Simmons has sued the Board of Probation and Parole and the Board’s Chairman in mandamus seeking an order that he be dismissed from custody or, in the alternative, that he be given credit for time served following certain Board hearings which he contends were illegally provided or conducted.1 The Board has filed a motion for summary judgment pursuant to Pa. R.C.P. No. 1035.

The essential facts concerning the plaintiff’s history in court and before the Board are as follows: He was sentenced by a judge of the Philadelphia Court of Common Pleas on April 5,1971…