Inmates of the Nebraska Penal and Correctional Complex v. John B. Greenholtz

VAN OOSTERHOUT, Senior Circuit Judge.

On this appeal a subclass of plaintiffs-appellants consisting of native American and Mexican-American inmates of the Nebraska Penal and Correctional Complex renew their claim that defendant members of the Nebraska Board of Parole have denied discretionary parole to subclass members on grounds which are racially and ethnically discriminatory, in violation of the fourteenth amendment. The claim is asserted under 42 U.S.C. § 1983 and its jurisdictional counterpart 28 U.S.C. § 1343(3). On appeal only injunctive relief is sought. 1 Our jurisdiction rests on 28…