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JOHNSON v. SHAW

No. 78-3484.

609 F.2d 124 (1980)

Roy Lee JOHNSON, Plaintiff-Appellee, v. Bill SHAW, Defendant, W. J. Estelle, Jr., Director, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 2, 1980.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Michael H. Corley, Asst. Atty. Gen., John W. Fainter, Jr., First Asst. Atty. Gen., Ted L. Hartley, Executive Asst. Atty. Gen., Gilbert Pena, Asst. Atty. Gen., Austin, Tex., for defendant-appellant.

Thomas H. Dixon, Dallas, Tex., for plaintiff-appellee.

Before COLEMAN, Chief Judge, KRAVITCH and HENDERSON, Circuit Judges.

PER CURIAM:

This case was orally argued in New Orleans on October 18, 1979.

There was a jury verdict against W. J. Estelle, Jr., Director, Texas Department of Corrections, in the sum of $10,500 for failure to release Johnson from the Texas prison system on the date his sentence lawfully expired.

The facts were that Johnson was due to be released on April 22, 1975. However, the expiration date specified in a mittimus originally sent down from...

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