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FOWLER v. CROSS

Nos. 76-2852, 78-2348.

635 F.2d 476 (1981)

Robert W. FOWLER, Plaintiff-Appellant, v. Armond CROSS, Commissioner of Florida Parole Board, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 27, 1981.

Attorney(s) appearing for the Case

Jepeway & Jepeway, Louis Jepeway, Jr., Miami, Fla. (Court-appointed, not under Act), for plaintiff-appellant.

Joe Belitzky, Dept. of Legal Affairs, Tallahassee, Fla., Jim Smith, Atty. Gen., Richard M. Dunn, Miami, Fla., for Sandstrom & Clark.

Michael H. Davidson, Gen. Counsel, Fla. Parole & Probation Comm., Tallahassee, Fla., for Barker, Russell, Keller, Kenagen & Howard.

Before MORGAN, ANDERSON and RANDALL, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

The appellant filed this suit under 42 U.S.C.A. § 1983 seeking damages from the appellees for depriving him of his constitutional right to a prompt on-site preliminary parole revocation hearing following his arrest for alleged parole violations. By mistake the appellant was transferred from the Dade County Jail into the state prison system and, as a consequence, he did not receive his preliminary hearing until fifty days...

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