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FOSTER v. BOOKER

Nos. 08-1371, 08-1372, 08-1626.

595 F.3d 353 (2010)

Kenneth FOSTER, et al., Plaintiffs-Appellees (08-1371/1626); Plaintiffs/Cross-Appellants (08-1372), v. Sharee BOOKER, in his/her official capacity as member of the Michigan Parole Board, et al., Defendants-Appellants (08-1371/1626); Defendants/Cross-Appellees (08-1372).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 18, 2010.

Attorney(s) appearing for the Case

ARGUED: Kevin R. Himebaugh, Office of the Michigan Attorney General, Lansing, Michigan, for Defendants. Paul D. Reingold, Michigan Clinical Law Program, Ann Arbor, Michigan, for Plaintiffs. ON BRIEF: Kevin R. Himebaugh, Office of the Michigan Attorney General, Lansing, Michigan, for Defendants. Paul D. Reingold, Michigan Clinical Law Program, Ann Arbor, Michigan, for Plaintiffs.

Before: KENNEDY and ROGERS, Circuit Judges; HOOD, District Judge.

OPINION

ROGERS, Circuit Judge.

Defendants, the Michigan Parole Board and the Director of the Michigan Department of Corrections, appeal the district court's grant of summary judgment in favor of plaintiffs on their ex post facto claim. Plaintiffs, inmates in the custody of the Michigan Department of Corrections sentenced to life imprisonment with the possibility of parole for offenses committed before October 1, 1992, brought this § 1983 action to challenge...

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