FIESEL v. CHERRY

No. 01-20142.

294 F.3d 664 (2002)

Tom FIESEL, Plaintiff-Appellant, v. Dessie F. CHERRY, individually and in her official capacity as Senior Warden I, Texas Department of Criminal Justice; Lepher Jenkins, individually and in his official capacity as Regional/Section Director, Texas Department of Criminal Justice; James E. Bush, in his official capacity as Director, Human Resources and Staff Development, Texas Department of Criminal Justice; Cynthia N. Milne, in her official capacity as Legal Affairs, Texas Department of Criminal Justice; Janie Cockrell, in her official capacity as Deputy Director, Texas Department of Criminal Justice; Gary L. Johnson, Director; James Willet, individually and in his official capacity as Senior Warden, Texas Department of Criminal Justice, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 12, 2002.


Attorney(s) appearing for the Case

Trang Q. Tran (argued), Tran Law Firm, Houston, TX, for Plaintiff-Appellant.

Sharon Felfe, Asst. Atty. Gen. (argued), Austin, TX, for Defendants-Appellees.

Before DUHÉ, DeMOSS and CLEMENT, Circuit Judges.


PER CURIAM:

Appellant, Tom Fiesel, brought suit against Dessie Cherry, Lepher Jenkins and James Willet, each employees and officials of the Texas Department of Criminal Justice ("TDCJ"), alleging that they used their positions to abridge his First Amendment right to freedom of speech, thereby rendering them culpable for violations of his civil rights, as recognized by 42 U.S.C. § 1983. The defendants moved for summary dismissal of the suit pursuant to Fed.R.Civ...

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