Eugene Wallace Perry v. Leroy Brownlee

Appellant state of Arkansas moves to vacate an order of the district court granting Eugene Wallace Perry’s request for a temporary restraining order and a stay of the execution scheduled for August 6, 1997. On July 22,1997 Perry brought this action under 42 U.S.C. § 1983, alleging that the Arkansas Post Prison Transfer Board and Governor Mike Huekabee violated his due process and equal protection rights under the fifth and fourteenth amendments by failing to consider his claim of actual innocence in his state clemency proceedings. 1

The Arkansas Post Prison Transfer Board held a hearing on…