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BUSH v. VITERNA

No. 85-1560.

795 F.2d 1203 (1986)

John BUSH, et al., Plaintiffs-Appellants, v. Robert O. VITERNA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 4, 1986.

Attorney(s) appearing for the Case

Steven Ney, ACLU Nat. Prison Project, Elizabeth Alexander, Washington, D.C., James C. Harrington, Ed Sherman, Univ. of Texas School of Law, Austin, Tex., for plaintiffs-appellants.

F. Scott McCown, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for Viterna.

Steve Bickerstaff, Ann Clarke Snell, Austin, Tex., for amicus — Texas Ass'n of Counties.

Before GEE and HIGGINBOTHAM, Circuit Judges, and HARVEY, Senior District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In 1975 the Texas legislature created the Texas Commission on Jail Standards and charged it to implement a policy "that all county jail facilities in the state conform to certain minimum standards of construction, maintenance, and operation." Tex.Rev.Civ.Stat.Ann. art. 5115.1 § 1 (Vernon Supp.1986). The Commission was assigned to promulgate rules and standards and was given certain enforcement powers. A class of all current...

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