Richard L. Osborne v. Emory Folmar, Individually and as Mayor of Montgomery, Alabama, and the City of Montgomery, Alabama, a Municipal Corporation

Richard Osborne brought this 42 U.S.C. § 1983 action against Emory Folmar, May- or of Montgomery, Alabama, seeking compensatory and punitive damages. We set out in the margin the relevant parts of the complaint. 1

The district court dismissed Osborne’s action. The court concluded that, because “Plaintiff had no constitutional right to have Mayor Folmar exercise his pardon power in any particular way,” under Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 465, 101 S.Ct. 2460, 2464, 69 L.Ed.2d 158 (1981), Osborne had no claim against Folmar. The lack of any liberty interest in or right…