Inmates' Councilmatic Voice, Plaintiffs-Appellees-Cross-Appellants v. David Rogers, Defendants-Appellants-Cross-Appellees

This is a direct appeal from a judgment of a three-judge District Court holding unconstitutional the procedures of the Ohio Adult Parole Authority (APA) promulgated pursuant to Chapters 2967 and 5149 of the Ohio Revised Code and as applied to parole revocation. 1 The three-judge District Court held that these procedures violated the due process rights of parolees enunciated in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).

The District Court adopted certain procedures stipulated by the parties…