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JOHNSON v. CITY OF DALLAS, TX

No. 94-10875.

61 F.3d 442 (1995)

Prince JOHNSON, et al., Plaintiffs-Appellees, v. CITY OF DALLAS, TX, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 23, 1995.

Attorney(s) appearing for the Case

Sam A. Lindsay, City Atty., Edwin P. Voss, Jr., Asst. City Atty., Dallas, TX, for appellants.

Jeffie Janette Massey, Dallas, TX, for appellees.

Kerry L. Adams, Quyen Troung, Howrey & Simon, Maria Foscarinis, Nat'l Law Center, Washington, DC, for amicus Nat'l Law Center.

Barry Drees, Holland Neff O'Neil, Cynthia Hollingsworth, Gardere & Wynne, Dallas, TX, Robert Teir, Washington, DC, for amicus Central Dallas, et al.

Before WISDOM, DUHÉ and BARKSDALE, Circuit Judges.

DUHÉ, Circuit Judge:

Appellants, the City of Dallas, et al., appeal from the district court's August 18, 1994 memorandum opinion and order granting in part and denying in part Appellees' application for preliminary injunction. Because we find that Appellees are without standing to raise their Eighth Amendment claim, we reverse, vacate the preliminary injunction and remand with instructions to dismiss Appellees' Eighth Amendment claims.

I. BACKGROUND...

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