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ALBERTI v. KLEVENHAGEN

Nos. 93-2079, 93-2353 and 93-2651.

46 F.3d 1347 (1995)

Lawrence R. ALBERTI, et al., Plaintiffs-Appellees, Cross-Appellants, v. Johnny KLEVENHAGEN, The Sheriff of Harris County, et al., Defendants-Third Party Plaintiffs-Appellees, v. Ann RICHARDS, The Governor of Texas, et al., Defendants-Third-Party Defendants-Appellants Cross-Appellees. Lawrence R. ALBERTI, et al., Plaintiffs-Appellees, v. Johnny KLEVENHAGEN, The Sheriff of Harris County, et al., Defendants-Third Party Plaintiffs-Appellees, v. Ann RICHARDS, The Governor of Texas, et al., Defendants-Third Party Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 23, 1995.

Attorney(s) appearing for the Case

John B. Worley, Robert Ozer, Asst. Attys. Gen., Dan Morales, Atty. Gen., Javier Aguilar, Sp. Asst. Atty. Gen., Austin, TX, for appellants.

James T. Oitzinger, Gerald M. Birnberg, Williams, Birnberg & Andersen, Houston, TX, for Alberti, Collin, Langer, Pina, Reed & Sellers.

Eileen C. Begle, Asst. County Atty., Houston, TX, for Klevenhagen.

Lisa S. Rice, Sr. Asst. County Atty., Houston, TX, for Lindsay, Lee, Radack & Eversole.

Before KING and BENAVIDES, Circuit Judges, and LAKE, District Judge.

KING, Circuit Judge:

In this appeal, we are asked once again to examine proceedings involving the conditions of confinement at the Harris County jails and the respective responsibilities of the State of Texas and Harris County for ensuring that those facilities comply with constitutional standards. In the most recent district court proceedings surrounding the jails, the district court, sua sponte, entered a "final order" which, inter alia, modified a...

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