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ORTEGA v. ROWE

No. 85-1531.

796 F.2d 765 (1986)

Nabor ORTEGA, Aurelio Gonzalez, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Bill M. ROWE, Individually and as U.S. Border Patrol Agent, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 14, 1986.

Attorney(s) appearing for the Case

Edward J. Tuddenham, Stephen C. McIntyre, Texas Rural Legal Aid, Inc., Hereford, Tex., Hoffman & Wheeler, Timothy L. Hoffman, Amarillo, Tex., for plaintiffs-appellants.

William Ken Johnson, John C. Ross, Jr., James P. Brewster, City Attys., Lubbock, Tex., for City of Lubbock and Henry.

Morris H. Deutsch, Allen W. Hausman, Dept. of Justice, Office of Immigration Lit., Civ. Div., Washington, D.C., for defendants-appellees.

Before GEE, POLITZ, and GARWOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 14, 1986.

GEE, Circuit Judge:

Appellants in this class action challenge conditions that existed in jails used by the United States Border Patrol in the late 1970s and early 1980s to detain illegal aliens before deporting them. Alleging that detention did, or would, violate their due process rights, appellants seek both damages and injunctive relief from federal agents and local officials. We affirm the district...

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