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JOHNSON v. RODRIGUEZ

Nos. 00-50443, 00-50570.

260 F.3d 493 (2001)

Daniel JOHNSON, Individually and On Behalf of All Present and Future Inmates of the Texas Department of Criminal Justice-Institutional Division, Plaintiff-Appellee-Cross-Appellant, v. Victor RODRIGUEZ, Etc.; et al., Defendants, Rissie Owens; Cynthia Tauss, Member of Texas Board of Pardons & Paroles; Lynn F. Brown, Member of Texas Board of Pardons & Paroles; Lafayette Collins; Filiberto Reyna; Juanita Gonzalez; Paddy Lann Burwell, Member of Texas Board of Pardons & Paroles; Alvin Shaw; Gerald Garrett, Chairman, Texas Board of Pardons & Paroles; James Paul Kiel, Jr., Member of Texas Board of Pardons & Paroles; Linda Garcia, Member of Texas Board of Pardons & Paroles; Brendolyn Rogers-Johnson, Member of Texas Board of Pardons & Paroles; Thomas W. Moss; Sandie Walker, Member of Texas Board of Pardons & Paroles; Daniel Lang; Lucinda Simons, Member of Texas Board of Pardons & Paroles; John David Franz, Member of Texas Board of Criminal Justice; Texas Board of Pardons & Paroles; James E. Bush, Member of the Texas Board of Pardons and Paroles, Defendants-Appellants-Cross-Appellees. Daniel Johnson, Individually and On Behalf of All Present and Future Inmates of the Texas Department of Criminal Justice-Institutional Division, Plaintiff-Appellee, v. Victor Rodriguez, Etc.; et al., Defendants, Rissie Owens; Cynthia Tauss, Member of Texas Board of Pardons & Paroles; Lynn F. Brown, Member of Texas Board of Pardons & Paroles; Lafayette Collins; Filiberto Reyna; Juanita Gonzalez; Paddy Lann Burwell, Member of Texas Board of Pardons & Paroles; Alvin Shaw; Gerald Garrett, Chairman, Texas Board of Pardons & Paroles; James Paul Kiel, Jr., Member of Texas Board of Pardons & Paroles; Linda Garcia, Member of Texas Board of Pardons & Paroles; Brendolyn Rogers-Johnson, Member of Texas Board of Pardons & Paroles; Thomas W. Moss; Sandie Walker, Member of Texas Board of Pardons & Paroles; Daniel Lang; Lucinda Simons, Member of Texas Board of Pardons & Paroles; John David Franz, Member of Texas Board of Criminal Justice; Texas Board of Pardons & Paroles; James E. Bush, Member of the Texas Board of Pardons and Paroles, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 10, 2001.

Attorney(s) appearing for the Case

Douglas M. Becker (argued), Monte L. Swearengen, Gray & Becker, Austin, TX, for Johnson.

Lisa Royce Eskow (argued), Adrian L. Young, Asst. Atty. Gen., Gregory Scott Coleman, Austin, TX, for Defendants-Appellants.

Before HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges, and DOWD, District Judge.

PER CURIAM:

The chairmen and members of the Texas Board of Pardons and Paroles and of the Texas Board of Criminal Justice, in their official capacities, appeal from the judgment below awarding attorneys' fees to plaintiffs' counsel in this class action by Texas prisoners. Following our reversal on the merits of the prisoners' constitutional claims, see Johnson v. Rodriguez, 110 F.3d 299 (5th Cir.1997), the magistrate judge...

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