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BALLI v. HAYNES

No. 86-1028. Summary Calendar.

804 F.2d 306 (1986)

Elena Chapa BALLI, for herself and class members, Plaintiff-Appellant, v. Ernest HAYNES, Sheriff of Tom Green County, et al., Defendants. Texas Commission on Jail Standards, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 14, 1986.

Attorney(s) appearing for the Case

American Civil Liberties Foundation of Texas, Inc., James C. Harrington, Austin, Tex., for plaintiff-appellant.

Jim Mattox, Atty. Gen., Michael F. Lynch, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before RUBIN, RANDALL and HIGGINBOTHAM, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The decision of this court in Bush v. Viterna1 forecloses the claim that the Texas Commission on Jail Standards or its director may be held liable in damages for violation of 42 U.S.C. § 1983 on the basis of their alleged failure to fulfill the duties imposed on the Commission by state law. We therefore affirm the district court judgment dismissing the claims against the Commission's director...

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