Thompson

ORDER AND AMENDED OPINION

ORDER

The opinion of this court filed March 8, 2002, 282 F.3d 780 , slip op. at 3859, is amended as follows:

On page 3863 of the slip opinion, add the following sentence to the end of the first full paragraph: “The plaintiffs’ claim that the state parole board is categorically denying inmates consideration for parole because of their disability, drug addiction, survives the Defendants’ Rule 12(b)(6) motion.”

On page 3863 of the slip opinion, in the last paragraph delete “primarily due to” and replace with “because of.” On page 3869 of the slip opinion, in the paragraph starting with “Another flaw in the district court’s reasoning ...delete “to determine parole release” and replace with “in the parole context.” In the same paragraph, add “long” after “For example, circuit courts have.” Delete “race is an impermissible criterion in the parole decision-making process” and replace with “parole boards may not exclude an inmate for consideration for parole based on race.” Change “same constitutional promises” to “similar constitutional promises.”

On page 3870 of the slip opinion, in the first full paragraph, change the first sentence to read (and add new…