A statute requiring such program participation as a condition of parole eligibility is not an ex post facto law applied to the plaintiff because everybody agrees it does not apply to the plaintiff. The parole board may use his lack of participation as a basis for parole denial independent of the statute.
The plaintiff has no basis for claiming imminent harm and seeking a preliminary injunction, since the defendants have not forced him to participate in anything; they've just denied him privileges for refusing. (Wrong. This is, essentially, a retaliation case.)
The plaintiff is denied a stay of defendants' summary judgment motion because he fails to state with specificity how more time would allow him to obtain evidence that would help him to oppose the motion. See: Johnstone v. Simmons, 45 F.Supp.2d 1220 (D.Kan. 1999).
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Related legal case
Johnstone v. Simmons
|Cite||45 F.Supp.2d 1220 (D.Kan. 1999)|