Carmichael, Jr. v. Brown et al
Filing
73
MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 08/23/18. (pmil, )
IN THE UNITED STATES DISTRICT COURT FOR THE
F"
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
AUG 2 3 20I8
David Leslie Carmichael,Jr.,
CLERK,U.S. D!STR!G I ."X^URT
ALEXANPra^ VtRGINiA __
Plaintiff,
I:15cvl381(CMH/MSN)
V.
Karen Brown,irt al..
Defendants.
MEMORANDUM OPTNTON
David Leslie Cannichael, Jr., a Virginia inmate proceeding pro
filed this civil rights
action pursuant to 42 U.S.C. ยง 1983, alleging that the defendants violated his right to due process
when they determined him to be ineligible for discretionary parole. The matter is now before the
Court on a Renewed Motion for Summary Judgment filed jointly by the defendants, the current
members and former chairman ofthe Virginia Parole Board ("VPB"). [Dkt. No. 56] For the
reasons which follow, defendants' Motion will be granted. Also pending before the Court are
plaintiffs Cross-Motion for Summary Judgment, which will be denied, as well as several
motions by the plaintifffor various forms ofrelief, most of which also will be denied.[Dkt. No.
63 - 67,69 - 70]
I. Background
Plaintiff is an inmate committed to the Virginia Department of Corrections("VDOC"),
having begun the service ofa sentence of life plus two years on July 26, 1985 following his
conviction of murder and a weapons offense. [Dkt. No. 57, Ex. 1, Bennett Aff.^ 4.]' He
became eligible for discretionary parole on August 21,1997. Id. Since then, the VPB has
reviewed Carmichael for discretionary parole and determined him to be unsuitable for such relief
'The affiant, Adrianne L. Bennett, is the current Chairman ofthe VPB. Aff.11,
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