COOK v. TEXAS DEPT. OF CRIM. JUST. PLANNING DEPT.

No. 93-8607.

37 F.3d 166 (1994)

John Lee COOK, Sr., Plaintiff-Appellant, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE TRANSITIONAL PLANNING DEPARTMENT, Southern Region Institutional Division, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 21, 1994.


Attorney(s) appearing for the Case

John Lee Cook, Sr., pro se.

John Jacks, Asst. Atty. Gen., Jeffrey K. Sands, Dan Morales, Attys. Gen., Austin, TX, for Texas Dept. of Crim. Justice Transitional Planning Dept.

Mark Henry Dettman, Midland, TX, for Midland County.

Steve Hershberger, Midland, TX, for Midland County and Painter.

Before REAVLEY, DeMOSS and STEWART, Circuit Judges.


DeMOSS, Circuit Judge:

John Lee Cook challenges as unconstitutional a parole board procedure that allowed the board to take voided prior convictions into consideration when making eligibility determinations. The issue presented is whether such a claim is cognizable under 42 U.S.C. § 1983 or must instead be brought, after exhausting state remedies, as a habeas corpus claim under 28 U.S.C. § 2254.

BACKGROUND

Cook was convicted of burglary...

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