Daniel JOHNSON, Individually and on Behalf of all Present and Future Inmates of the Texas Department of Criminal Justice—Institutional Division, Plaintiff-Appellee,
v.
Victor RODRIGUEZ, in his Official Capacity as Chairman, Texas Board of Pardons and Paroles, all Present and Future Members of the Texas Board of Pardons and Paroles, in their Official Capacities; Allan B. Polunsky, in his Official Capacity as Chairman, Texas Board of Criminal Justice, and all Present and Future Members of the Texas Board of Criminal Justice in their Official Capacities, Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
April 23, 1997.
April 23, 1997.
Attorney(s) appearing for the Case
Douglas M. Becker, Roger Dale Moore, Gray & Becker, Austin, TX, for Daniel A. Johnson.
Daniel E. Maeso, Louis Victor Carrillo, Assistant Attorney General, Jacqueline Lee Haney, Assistant Attorney General, Adrian L. Young, and Ann Kraatz, Chief, Law Enforcement Defense Division, Austin, TX, for Allan B. Polunsky and Victor Rodriguez.
Robert J. Dowlut, Fairfax, VA, for National Rifle Ass'n of America, amicus curiae.
Robert Teir, Washington, DC, for American Alliance for Rights and Responsibilities, Safe Streets Coalition, National Victim Center, Citizens for Concerns of Police Survivors, Crime Victims Services Section, Mayor's Office, City of Houston, Justice For All, Justice for Surviving Victims, Inc., Mothers Against Drunk Driving, National Organization for Victim Assistance, Parents of Murdered Children, Inc., People Against Violent Crime, Texas Association Against Sexual Assault, Texans for Equal Justice and Victims Outreach, amici curiae.
Jennifer S. McGinty-Bales, Baker & Botts, Houston, TX, for Texas Council on Family Violence and Women's Advocacy Project, amicus curiae.
Robert T. Harris, Jr., Austin, TX, for American Civil Liberties Union of Texas, amicus curiae.
David L. Botsford, Austin, TX, for Texas Criminal Defense Lawyers Ass'n, amicus curiae.
Before GARWOOD, DAVIS and STEWART, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
GARWOOD, Circuit Judge:
In this class action by Texas prisoners, defendants-appellants, the chairmen and members of the Texas Board of Pardons and Paroles and of the Texas Board of Criminal Justice, in their official capacities, appeal the judgment below declaring certain aspects of the Texas parole scheme violative of prisoners' federal constitutional rights of equal protection and access to the courts. Also appealed is the subsequent award of attorneys' fees to...
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