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CASTILLO v. CAMERON COUNTY, TEXAS

No. 99-41217.

238 F.3d 339 (2001)

Jose Raul Castillo; Francisco Lopez; E Eloy Sanchez; Jon Alan Ashcraft; Gustavo Almaguer, Plaintiffs-Appellees v. Cameron County, Texas, Defendant-Third Party, Plaintiff-Appellee v. State of Texas; George W Bush, Governor of Texas; Allan B Polunsky, Member of the Board Texas Department of Criminal Justice; Carole S Young, Member of the Board Texas Department of Criminal Justice; John David Franz, Member of the Board Texas Department of Criminal Justice; Patricia a Day, Member of the Board Texas Department of Criminal Justice; William "Hank" Moody, Member of the Board Texas Department of Criminal Justice; Alfred C Moran, Member of the Board Texas Department of Criminal Justice; Nancy Patton, Member of the Board Texas Department of Criminal Justice; a M "Mac" Stringfellow, Member of the Board Texas Department of Criminal Justice; Carol S Vance, Member of the Board Texas Department of Criminal Justice, Defendants-Third Party, Defendants-Appellants

United States Court of Appeals, Fifth Circuit.

Revised February 7, 2001.

Attorney(s) appearing for the Case

Keith Clark Livesay, Livesay & Cowen, Pharr, TX, Michael Raphael Cowen (argued), Brownsville, TX, for Castillo, Lopez and Sanchez.

Jon Alan Ashcraft, Angleton, TX, pro se.

Gustavo Almahuer, Maywood, CA, pro se.

Richard O. Burst (argued), Cameron County Commissioners Court, Civil Legal Dept., Dylbia Jefferies Vega, Asst. Dist. Atty., Brownsville, TX, for Cameron Cty., TX.

Philip Andrew Lionberger (argued), Gregory Scott Coleman, Daniel E. Maeso, Austin, TX, for Defendants-Third Party Defendants-Appellants.

Before KING, Chief Judge, PARKER, Circuit Judge, and FURGESON, District Judge.

KING, Chief Judge:

Appellants, the State of Texas, et al., appeal from the district court's order continuing injunctive relief in favor of Appellees Jose Raul Castillo, et al. For the following reasons, we VACATE the district court's July 20, 1999 order and REMAND this case to the district court for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL HISTORY

This appeal arises from a 42 U.S.C. § 1983 action brought in...

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