The lawsuit challenges the Virginia Parole Board's administration of the parole process in a manner that deprives the thousands of Virginia inmates convicted of violent offenses committed prior to 1995 of their right to fair and meaningful consideration for parole as required by Virginia law and the U.S. Constitution.

The lawsuit was filed on behalf of those imprisoned in Virginia who are eligible for parole but are being denied their constitutional rights. Virginia law requires the Parole Board to release those found suitable for parole and to consider a broad range of circumstances in making this determination. In violation of Virginia law and protections under the U.S. Constitution, the Parole Board has been making parole determinations without considering all the circumstances Virginia law requires.

Virginia law and the Virginia Parole Board's written manual state that the circumstances to be considered in making a parole determination include the nature of the crime, the sentence imposed, the inmate's prior record, the inmate's record in prison, whether the inmate has been rehabilitated, and whether release would be an acceptable risk.

Virginia abolished discretionary parole in 1995. The men and women who committed crimes in Virginia before 1995, however, are still eligible for parole.

The Virginia Institutionalized Persons Project of the Legal Aid Justice Center and a group of private attorneys concerned about Virginia's broken parole system are representing the plaintiffs and the class. The class action includes approximately 6,000 men and women incarcerated in Virginia for violent offenses committed before 1995.

The plaintiffs have asked the court to order the Board to issue new rules which conform to the requirements of due process and ensure fair and meaningful consideration of parole for inmates convicted of violent offenses. In addition, plaintiffs ask the court to require the Parole Board to specifically consider all of the required factors in reaching parole decisions and to enjoin the Parole Board from focusing solely on the nature of the crime in deciding suitability for parole.