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DAVIS v. TARRANT COUNTY, TEX.

No. 07-11223.

565 F.3d 214 (2009)

Lawrence Patrick DAVIS, Plaintiff-Appellant, v. TARRANT COUNTY, TEXAS; Sharen Wilson, Honorable, in Individual and Official Capacity; Wayne Salvant, Honorable, in Individual and Official Capacity; Elizabeth Berry, Honorable, in Individual and Official Capacity; Mike Thomas, Honorable, in Individual and Official Capacity; Mollee Westfall, Honorable, in Individual and Official Capacity; Everett Young, Honorable, in Individual and Official Capacity; Scott Wisch, Honorable, in Individual and Official Capacity; George Gallagher, Honorable, in Individual and Official Capacity; Robert K. Gill, Honorable, in Individual and Official Capacity; James Wilson, Honorable, in Individual and Official Capacity; Jeff Walker, Honorable, in Individual and Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 8, 2009.

Attorney(s) appearing for the Case

Ricardo De Los Santos (argued), Law Office of Ricardo De Los Santos, Cleburne, TX, for Davis.

Christopher W. Ponder (argued), Fort Worth, TX, for Tarrant Cty., TX.

David Alan Harris, Asst. Atty. Gen. (argued), Austin, TX, for Wilson.

Anthony Gerard Brocato, Jr., Asst. Atty. Gen., Austin, TX, for Wilson.

Andrea M. Marsh (argued), Texas Fair Defense Project, Austin, TX, for Texas Fair Defense Project, Amicus Curiae.

Before BENAVIDES, SOUTHWICK and HAYNES, Circuit Judges.

BENAVIDES, Circuit Judge:

Appellant Lawrence Patrick Davis, a criminal defense attorney who practices primarily in Tarrant County, Texas, filed this suit because the Tarrant County criminal district judges denied his application to be included on the list of attorneys eligible for court appointment in felony cases in Tarrant County, known as "the wheel." Davis sued the district judges hearing felony cases in Tarrant County and the presiding judge of the Eighth Judicial...

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