Daniel, et al. v. Fulwood, Jr., et al., No. 12-5327 (D.C. Cir. 2014)Annotate this Case
Plaintiffs, prisoners who violated D.C. criminal laws before March 3, 1985, filed suit contending that the Parole Commission contravened the Ex Post Facto Clause by retroactively applying parole guidelines that it issued in 2000, instead of the guidelines in place at the time of their offenses. The court reversed the district court's dismissal of the complaint for failure to state a claim because the court concluded that plaintiffs have plausibly alleged that the application of the 2000 guidelines creates a "significant risk of prolonging [their] incarceration." The court remanded for further proceedings.