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JENNINGS v. OWENS

No. 09-50047.

602 F.3d 652 (2010)

David Brian JENNINGS, Plaintiff-Appellee, v. Rissie OWENS, In her official capacity as Chairperson of the Texas Board of Pardons and Paroles; Stuart Jenkins, In his official capacity as Director of the Parole Division of the Texas Department of Criminal Justice; Ivy Anderson-York, In her official capacity as Director Supervisor of Region I of the Parole Division of the Texas Department of Criminal Justice; Ernesto Alvarez, In his official capacity as Parole Officer, within Region I of the Parole Division of the Texas Department of Criminal Justice; Linda McCarver, In her official capacity as Supervisor of Parole Officers within Region I of the Parole Division of the Texas Department of Criminal Justice, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 5, 2010.

Attorney(s) appearing for the Case

Scott H. Pawgan, Habern, O'Neil & Pawgan LLP, Conroe, TX, Richard Scott Gladden (argued), Jackson & Hagen, Denton, TX, William Terrell Habern, David P. O'Neil, Habern, O'Neil & Pawgan LLP, Huntsville, TX, for Jennings.

Sean Daniel Jordan, Deputy Sol. Gen. (argued), Carol M.V. Garcia, Austin, TX, for Defendants-Appellants.

Before KING, BARKSDALE and ELROD, Circuit Judges.

KING, Circuit Judge:

Texas parolee David Jennings sued officials from the Texas Board of Pardons and Paroles and the Texas Department of Criminal Justice for procedural due process violations after the Board of Pardons and Paroles imposed sex offender special conditions on his parole. The district court granted summary judgment for Jennings, ordering that the sex offender conditions be removed from his parole. The Texas officials appeal. We REVERSE.

I. BACKGROUND...

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