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MEZA v. LIVINGSTON

No. 07-50756.

537 F.3d 364 (2008)

Raul MEZA, Plaintiff-Appellee, v. Brad LIVINGSTON, Executive director of the Texas Department of Criminal Justice, in his official capacity; Stuart Jenkins, director of the Texas Department of Criminal Justice Parole Division, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 23, 2008.

Attorney(s) appearing for the Case

James C. Harrington, Scott Charles Medlock, Texas Civ. Rights Project, Austin, TX, for Meza.

Celamaine Cunniff, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Raul Meza, an inmate on supervised release at the Texas County Correctional Complex, filed Fourteenth Amendment claims against state officials1 and the Sheriff of Travis County on December 5, 2005. Eleventh Amendment immunity was asserted in several motions, including a motion to dismiss on May 22, 2006, and a motion to dismiss and alternative motion for Rule 7(a) reply filed by Collier, Jenkins...

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